to seise it to the Kings vse Goods wrecked or wrecke of the Sea scz Goods cast or left vpon the land by the Sea the King is to haue except where the Lord of any Franchise or Mannor c. hath it by Charter or by Prescription And where the King is to haue these goods the Sherife may seise them to the vse of the King and shall preise them by a Iury and then he may keepe them himselfe or deliuer them to the towne where they are found to keepe and then they shall answer for them But the owner hath a yeare and a day after the seisure by the Officer to claim thē so that if any within the yere and day after the seisure shall proue that the goods were his they shall bee presently restored to him paying reasonable charges And therfore if the goods be such as may be kept sweet good by the space of a yeere there the goods must be preserued during the yeare otherwise the Officer which seiseth them is punishable But if the goods will not keepe so long there the Officer may sell such goods and deliuer the money taken for them to the towne to keepe or else he may keepe it himselfe and answer for it But this claime and proofe of the property by the owner is giuen onely where a man dogge or some other quicke thing escapeth out of the Ship aliue Note that except the Ship doe perish and be drowned the goods cannot be forfeite nor said to be wrecke The goods of an infant woman couert being Executor a man in prison or beyond the sea being wrecked at the sea and not claimed within the yeare and day c. shall be forfeit The King also is to haue Whales and other Royall fishes c CHAP. 17. Wards Escheats Ideots BY the Statute de Scaccario made An. 51. H. 3. Sherifes shall seise and keepe all such Wards Escheats that are not in fees as belong to the King which be within their shires and of the issues thereof they shall bee answerable in the Eschequer when they accompt for their countries and they might let to ferme or otherwise such Wards and Escheates and might seise their bodies c. Also by the Statute made 2. 3. E. 6. Cap. 34. it seemeth that Sherifes shal be accomptable for all Wards Marriages and Releifes c But at this day all the Kings Wards are to be within the order suruey and gouernance of the Court of Wards together with their lands rents issues thereof And the Escheator is now the Officer appointed to inquire thereof and to seise their lands c. CHAP. 18. BY the aforesaid Statute de Scaccario Escheats Sherifes shall seise the Escheats that fall to remaine to the King in fee. If the Kings Tenants in fee simple dieth without an heire and no other person entreth the King is in by Escheate and hath a freehold without any Office and the Kings Officer may seise it for the King In cases of Heresie Coniuration and the like there is no Escheat hic cap. 14. All Escheats within any City perteine to the King Plus hic cap. 6.7 14. concerning Escheats and the Sherifes duty therein CHAP. 19. IF there shall be an Ideot scz a naturall foole there may be a Writ awarded to the Sherife Ideots or Escheater both to examine him as also to inquire by a Iury of such Ideot and of his lands c. But there can bee no seisure of the lands without an Office first found nor of the profits of their lands Also the King shall haue the custostody of an Ideots body and goods as well as of his lands and that during their liues prouiding them things necessary for themselues their wiues and family But all Ideots and their lands c. shall be in the ordering of the Court of Wards And yet the King nor his Officers ought not to seise the lands nor the Issues of their lands of an Ideot vntill hee bee found an Ideot by an Office Lastly the words of the Sherifes Oath are You shall truely keepe the Kings rights and all that belongeth to the Crowne Now these former and other the Kings Prerogatiues of the like kind although they are a great part and portion of the rights profits and commodities of the Crowne yet this Prerogatiue doth not onely extend to such benefit and profits as the King is to haue from his Subiects as aforesaid But also to the Kings person to free it that it shall not be subiect to any mans suite and also to his possessions so that they may not nor can not bee taken from him by any violence or wrongfull disseisin and to his goods and chattells so that they are vnder no tribute tolle or custome nor otherwise distreinable And in all these and other the Kings Prerogatiues the Sherife is to doe his best endeauour for the keeping and preseruing thereof so far forth as belongeth to his Office Note that the Kings person is so sacred as that no violent hands may in any case bee laid vpon him neither may he be sued by action as a common person or subiect may But wheresoeuer the King shall seise any mans land or take away any mans goods hauing no Title there the Subiect is driuen to suite his Soueraign by way of Petition onely For the Kings possessions or lands that they cannot be extended or taken in execution See hic cap. 26. So all the Kings lands are exempted from distresses for rent c. For his Goods also they cannot bee taken for Wayfes Wreckes or Estrayes The King beeing Nonsuit c. cannot be amerced That he shall finde no Pledges de prosequendo hic cap. 45. CHAP. 20. Direction and execution of Writs NExt The Sherife is duely and truly to serue and execute al manner of Writs Processe Iudgements and commandements made or directed to him from any of the Kings Courts And indeed the office of a sherif cōsists chiefly in the execution seruing of Writs and Processe of Law and to doe this he is the immediate Officer of the King and all his Courts scz To execute the Writs of the Common Law And this he must doe or cause to be done truly and duely and in euery behalfe as the Writs themselues commands without any fauour dread or corruption or else he is punishable By the antient Law of this Land all originall Writs purchased at the suit of the partie to maintaine actions are to be directed to the Sherife of the Countie where the cause of the suit doth arise and cannot bee directed to any other person than the Sherife vnlesse it be in speciall cases where there shall be good cause of execution to or against the Sherife and there the Writ shall be directed to the Coroner who then standeth in the place of the Sherife And if the Sherife bee dead or remooued yet the Processe shall not be directed to the Coroners but shal stay vntill another Sherife
is a Suite Royall and due by reason of Resiancy within the County And therefore as the sherife by his oath standeth bound to keepe the kings suits So inclusiue hee standeth bound duely to keepe his said two Courts and to see that all Suitors belonging to the same Courts giue their attendance and doe their suit and seruice there Besides the sherifes Torne is principally to cause euery man to appeare there in person to do their Allegeance to the King and there to bee sworne the Kings Liegemen And the sherife there also is to enquire of things pertaining to the King and Common-wealth and to preserue diuers of the Kings rights and to reforme and redresse diuers common Nusances and trespasses vpon the presentment of the suitors Also by the word Suits may be vnderstood the kings Suits in law scz That the Kings Suits in Law shall bee preferred and that the sherife for the kings profit therein is to doe his best endeauour according to his office scz That the king bee first payd and his debt first leuyed vide hic cap. 10. 19. 25. 58. CHAP. 9. Rents THe sherife by his Oath is also bound not to assent to decrease to lessing ne concealement of the Kings rents Now the sherife is Balliuus Comitatus and as a Baylife of a Mannor is to gather vp his Lords rents so the sherifes Office is to gather vp within his Bayliwicke the Kings rents and moneyes though at this day for the kings rents this rather belongeth to the kings Receâ—uers scz to gather vp the Ordinary Rents of the Kings lands And yet if the Sherife shall distraine the Kings farmor or tenant for Rent due to the King and shall accompt for the same in the Eschequor it is a good iustification for the Sherife in an action brought against him for taking the Tenants cattell Also the Sherife is accomptable to the King of all Farmes Rents Issues and profits of the County which run in accompt vnder the name of Viscontiels scz for these the Sherif so soon as he is made Sherife is accomptable yet in a summe in grosse But for the extreats of the greene waxe for Fynes and Amerciaments Issues the Kings debts and such the Sherife is not chargeable nor to leuie vntill they be estreated vnto him or the same without processe or other warrant and then when he hath leuied them he is chargeable Also for the kings Ordinary Rents the Sherife vpon processe to him directed for the leuying thereof may leuy the same and that either vpon the body or goods of the Kings tenant or of his sureties or vpon the lands of his Tenants or vpon his heires or executors or other possessors of his lands or goods Note that there bee certaine fermes called Viscountiels for which the Sherife for his time payeth a certaine Rent to the king and maketh what profit he can of them and for these the Sherife is accomptable vt supra scz in a sum in grosse and presently And these Viscountiels are said to be certaine duties of ancient time due to the king c. scz for Castle gard for the Sherifes ayde for the Leet fee c. And these are commonly called Certainties which are gathered vp by the Sherife or their baylifes CHAP. 10. The Kings Debts THe Sherife also vpon Processe as vpon the greene waxe scz vpon the Estreat to him deliuered out of the Eschequor vnder the Seale of that Court is to leuy the kings debts And this the Sherife may doe either vpon the body or goods of the Debtor or his sureties or vpon their lands in their owne hands or in the hands of the heires feoffees or any other person clayming or hauing the same from them by discent or by purchase Also the Executors Administrators Assignes and other possessors of the goods of the Kings Debtor are chargeable to the kings debt And vpon Processe c. the Sherife may seise inroll praise and sell the goods of the kings debtor being dead that praising of the goods must be per visum vicinorum c. and according to the value of the debt But goods or a lease for yeares sold away by the Debtor bona fide are not liable thereto Also vpon processe the Sherife may distreine for the kings debt in all places within his County and may impound the distresses in a common pound and after 15. dayes may sell the same away if the debt be not satisfied in the meane time But if any bring the Tally of payment of this debt in the Eschequor the distresse shall cease Also if the debtor brings the Tally of any Sherife or Baylife of payment made to them of the thing demanded and will find Sureties to appeare in the Eschequor vpon the next accompt c. the distresse shall cease Also if the Kings Debtor shall finde sufficient Sureties to the Sherife to pay the Kings Debt before the day of the Retorne of the writ the Sherife must deliuer the distresse These distresses made by the Sherife must be reasonable after the value of the debt and must not be of Plow Cattle nor of Sheepe if the Officer can finde other sufficient distresse nor shall be driuen too farre The reasonablenesse of the Distresse must be by estimation of neighbours scz That the goods be praised by neighbours Note that in these former cases where the Sherife c. commeth to leuie or distreine for the Kings debt hee must first shew to the Debtor demanding the same the processe or Estreates vnder the seale of the Eschequor for the leuying thereof Also the Sherife shall make Tallies or acquittances to all such as shall pay him the debt And the Sherife must quite the Debtors thereof at his next accompt in the Eschequor hic cap 13. If the Debt once payd bee another time demanded of the party hee shall recouer treble damages against the sherife c. But the Sherife for the Kings debts c. doe by any Ecclesiasticall person may not distreine in the Church nor in the ancient fees or passions of the Church nor in the Kings high way if hee can finde goods sufficient elsewhere Neither may the Sherife distreine or take for the kings debt c. due by any Ecclesiastical person any goods which doe belong to the Church or to the Parish The Sherife may not distreine vpon the wifes Dower or inheritance for her husbands Debt due to the king after the Couerture So hee may not distreine vpon a ioynt Estate purchased by or assured to the husband and wife for this debt due after What other goods the Sherife may not distreine or meddle with for the Kings Debt See hic cap. 15. But the kings Debtors their bodies Lands and Goods and their Heires and Assignes and their Executors and Administrators and all other possessors of the goods after their death are chargeable Also the Rents of their Farmours or Tenants yea the Tenants themselues their goods are liable to pay the Kings debts
c. Note that the Kings Suits shall bee preferred and his debts shall bee first payd But for the kings Debts the Sherife is not chargeable or accomptable neither may he distreine for or otherwise leuy the same without Proces or other warrant CHAP. 11. Issues THe word Issues in our Law seemeth to be taken three wayes or in three manners to this our purpose 1 First For the Issues and profits of lands or tenements as where the King is entituled to haue the Lands or profits of lands of persons attainted or outlawed or for alienation without Licence or in mortmaine for a condition broken or the like whereof postea 2 Secondly For such Issues profits of the Countie which goe vnder the name of Viscountiels whereof hic Cap. 3. hic postea 3 Thirdly For Issues to be lost for default of apparance scz by Iurors or by the Tenant or Defendant c. of which here For this last sort these Issues are sometimes set by the Court as an Amerciament fine forfeiture paine or punishment for default of appearance of Iurors Mainpernors or Pledges and sometimes of Witnesses And these Issues or profits thus growing due to the King are to be leuied by the Sherife c. Sometimes these Issues are set and returned by the Sherife to the end to cause an appearance of Iurors of the Tenant and Defendant and these also are to be leuied by the Sherife to the Kings vse Sometimes the lands themselues shal be seised by the Sherife into the Kings hands for default of appearance of the Tenant in a reall Action as in a grand Cape or a petite Cape And in these and the like cases where by Writ the land is seised into the Kings hands the King shall haue the lands to his owne vse and the Sherife shall bee charged with the Issues and profits of the said Lands from the time that the Lands were so seised by him c. Vide hic Cap. 62. What is contained vnder the name of Issues See Cap. 89. How much the Sherife must return in issues vpon the Defendant or Tenant see Ibidem What Issues he must returne vpon Iurors Cap. 90. Vpon whom and what lands such Issues shall be leuied Ibidem If the Sherife shall returne a Iuror in issues who is not sufficient the Sherife is punishable Ibidem So if the Sherife shall returne any issues vpon any Iuror or hundred or which was not lawfully summoned Ibidem Issues If the Sherife shall returne the Issues of any Recognisance Pledge or Mainpernor which at the time of the Return was not sufficient to answer the said Issues and amerciaments the Sherife shall bee charged there in the Exchequer For all manner of Issues and profits of the Countie which runne vnder the name of Viscountiels the Sherife so soone as hee is made Sherife is accountable for the same yet in a summe in grosse But for other Issues lost for default of appearance the Sherif is not accountable nor shall bee charged therewith vntill they shall be estreated vnder the Seale of the Exchequer and that the same estreats shall be deliuered to him Neither may the Sherife leuie the same without such Warrant If such Issues lost for default of apparance shall be returned by the Sherif vpon any man the partie hath no remedie be the Issues neuer so great Now for the first sort scz for the profits of lands after the death of the Kings Tenant in Capite and an Office found the King shall haue Primer Seisin scz the Issues and profits of all their lands from the time of the death of his Tenant Hic Cap. 6. Also the King shall haue the Issues and profits of the lands of such his Tenant aliening without licence scz from the time of the Office found the Kings Tenant who getteth Liuerie out of the Kings hands wrongfully shall answer the Issues behind c. Where the King enters for a Condition broken or for a Mortmaine c. the King shall be answered of the measure Issues and profits of those lands scz from the time of the kings title first accrued And of the Issues of the lands of felons Fugitiues and Outlawes c. scz from the time of the Attainder c. Hic Cap. 14. And so in all these cases the King shall bee answered of all the Issues of the lands after an office thereof found but before an Office found the Sherife or Escheator is not to meddle Hic Cap. 6. An Abator shall bee charged and not the heire for his time If such lands whereof the King is to haue the meane issues or profits shal be in diuers mens hands after the kings title accrued euerie of them shal answer for his time Issues lost for default of appearance either by the tenāt or in any other case of a Distresse infinite as in case of Iurors after a venire fac the Sherife vpon the Estreats out of the Eschequor c. may leuie the same vpon the lands in the hands of the delinquent of his wife of his heire in Tayle of his Successor of his Lessee or farmour of him in reuersion of the purchaser yea in the hands of a stranger whose beasts are their leuant and couehant And vpon these Estreates the Sherife is to leuy and gather vp accordingly these Issues and to bring them into the Eschequor and there to account for them If any Officer c. shall collect or leuie any Issues Estreated to him of any other than of the right person charged by the Estreate with the payment of the said issues they shall bee punished Plus hic Cap. 89. 90. CHAP. 12 13. Amerciaments and Fines AN Amerciament is properly a penalty assessed vpon an Offendor by his equals pro pares scz by the Country vpon Oath or assessed by the Court vpon some Officer of the Court. A Fyne hath diuers significations but to this purpose a Fyne is most commonly taken for a summe of money which is set or assessed vpon an Offendor in some Court of Record by the Court or Iudge there for some contempt or offence and which the offendor doth giue for and in satisfaction of his offence default or contempt Againe that which is assessed by the Court vpon an Officer of the Court for misdemeanor is called an Amerciament Royall But being assessed vpon an Estranger for misdemeanour it is called a Fyne All Amerciaments and Fynes for misdemeanors contempts defaults or other Offence set or assessed vpon any Offendor in any of the Kings Courts the Sherife vpon Processe or Estreats out of the Eschequer c. is to gather vp the same and to account for the same in the Eschequer Those Estreats must rehearse and shew the cause of the Amerciaments c. See hic cap. 90. What persons and for what causes men shall be amercied see my booke at large hic cap. 115. Such lands and such persons as are chargeable or lyable to the paiment of Issues shall also bee
chargeable to all Amerciaments and Fynes assessed in anie of the Kings Courts whereof see hic antea cap. 11. But Sherifes shall not bee charged with nor accomptable for any amerciaments issues or fynes other than those for which they shall haue warrant to leuy vnder the Seale of the Eschequer Neither are they to gather or leuy any amerciaments issues or Fines vntill they haue receiued such warrant or Estreat vnder the seale of the Eschequer The king shall haue all Amerciaments Fynes Issues and forfeitures lost or forfeited before any of his Iudges or Iustices in any of their Courts or Sessions Or forfeited in the Courts of Eschequer of Wards or of the Dutchy or before the Steward of the kings House the Commissioners of Sewers and the Clarke of the market c. but these must bee first Estreated into the Exchequer and from thence processe goeth out to the Sherife to leuy the same as aforesaid And those Estreats shall mention how much euery one is to pay and by those Estreats the Sherife is to receiue the kings debts and these issues fynes and amerciaments and to make acquittances or tayles thereof to the parties and thereof to acquit the Debtors at his next accompt Hic cap. 10 90. And yet note that the Estreates of the Iustices of Peace be an immediate warrant for the Sherife to leuy not only the Fynes and Amerciaments but also all other issues and forfeitures whatsoeuer arising before them Hic 125. The King shall haue all Amerciaments fines issues and forfeitures forfeited in any of the Sherifes Courts within Wales and the Sherifes of Wales shall accompt for the same but not so of other Sherifes in England By the Statutes of 2. 3. E. 6. cap. 34. it appeareth that Sherifes shall bee accomptable for all Fynes for Alienations and Intrusions made by the Kings Tenants c. within their Countie as well as for Fines imposed vpon Offendors And for such Alienation or Intrusion after an Office thereof found and processe out of the Eschequer receiued the Sherife or Escheator may seise the lands for the fine CHAP. 14. Forfeitures VVHere the Sherife may seize the Lands Lands or profits of the lands of persons attainted for Treason or felony c. See hic cap. 6 For misprision or concealing of Treason the offender being attainted shall forfeit to the King the profits of his lands c. during his life In case of Praemunire the Offendor shal forfeit his fee simple lands for euer and the profits of his intayled lands during his life Felons condemned or which be fugitiues the king shall haue the meane profits of their freehold lands from the time of the felony committed vntill an Office c. found for the king and the yeare and day next after the Office found And yet by some opinions the king shall haue the profits of their lands but for the yeare and day after their attainder For pettie Treason or felony the King shall haue the profits of their lands intailed during the Offendors life So if Tenant in Dower tenant by the Curtesie or Tenant for life commits felony c. the king shall haue the Escheat but during his life Where the person attainted is seised in right of his wife the king shall haue the profits of such lands during the husband and wifes life Of Lease for life or yeares he forfeits the Terme And in these cases the Officer may seise the profits of such lands to the vse of the king See hic cap. 6. But in cases of Heresie Coniuration Witchcraft Sodomie and the like there shall be no forfeiture of lands for that the offences be spirituall Goods All goods and chattells reall and personall mooueable and vnmooueable of persons attainted for treason felony misprision or Praemunire or for heresie coniuration or witchcraft c. shall be forfeit to the king scz all such goods as they shall haue at the time of their attainder And these the Sherife or other Officer may seise ex officio And in these and all other forfeitures the Towne is chargeable with the goods and therefore they also may seise them wheresoeuer they be It seemeth by Master Glanuile That in his time for theft the Sherife himselfe had the felons goods which were forfeited to his owne vse But now the Statute de Praerog Regis cap. 16. giueth all felons goods to the king the words whereof are Rex habebit omnia catalla felonum dampnatorum fugitiuorum c And vnder this word Catalla bee comprehended Leases for yeares the issues of lands and tenements corne growing debts due by obligation Statutes or Recognizances or vpon an accompt goods wrongfully taken from the felon and stollen goods and Debts due vpon a simple contract c. An obligation made to two or two possest of a horse oxe or other entier chattell and the one of them is attainted the king shall haue the whole debt due vpon the obligation as also the horse or oxe c But note that alwayes when any forfeiture is of any selons goods it ought to appeare of Record Neiâ—her may the Sherife or other Officer seise the goods of any person imprisoned or indicted for felony before he be attainted of the same but yet the Officer may cause suretie presently vpon the taking of the felon to be giuen that the goods be not imbeazeled c. and for want of Suretie the Officer may seise them and may preise them and deliuer them to some of the neighbours of the towne where the goods are by them safely to be kept vntill the Offendor bee conuicted or acquited yeelding to the felon reasonable maintenance thereout for himselfe and his family so long as he shall bee in prison Also where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did flye for felony in these cases the Officer may presently seise vpon their goods without any conuiction And if a man shall flye for felony though his goods be not thereby presently forfeited yet the Sherife may seise his goods and the profits of his lands to the kings vse vntill the fugitiue shall be attainted or acquited Vpon a fugam fecit presented before the Coroner the goods ought presently to be seised by the Sherife or his Officers and praised by an Enquest and the Sherife shall cause the appreisement to be entred and inrolled in the Coroners Roll and shall then deliuer the goods to the Towne c. who shall be answerable to the king for the same But for the issues and profits of the lands of felons and fugitiues the Sherife is chargeable therewith and not the Towne and the Sherife shall seise them into the kings hands without taking any Enquest A man arraigned for felony stands mute or challenges aboue 35 without cause he shall forfeit his goods A Clerke conuict and a Clarke attaint shall forfeit their goods A man abiures before the Coroner
the Sherife may come vpon the land with the Summoners and there summon the party yea if the Sherife by information of the demandant shall summon the Tenant in another mans lands the Sherife shall bee excused for such his Entree c. But the Summons in a Precipe ought alwayes to bee done in the day time scz betweene Sunne-rising and Sunne-setting and not in the night Where the action is to recoâ—er the free-hold of land it selfe the Summons must be made in the same land Where the action is brought against one as heire there the Summons must be in land that did discend Vpon a Precipe if the defendant be not tenant of the land in demand yet the Sherife is to summon him vpon the land in demand eo quod petens testatur quod tenens est So he in reuersion shall be summoned in terra petita although it be another mans freehold But the party can not be summoned by a rent seruice rent charge common nor the like for that the soile is another mans freehold nor by his goods And yet in Assises of of Nouel disseisin and Nusance where the originall proces is an attachment Pone ê‘ vadiâ—s saluos pleg ' there the defendant may be summoned scz attached by his goods Also where a man hath no land wherupon he may be summoned there the Sherife may summon him by his person as in actions of annuity couenant or the like In a writ of Right of Aduowson as also in a Quare impedit the Sherife may Summon the defendants in the Church In a Praecipe against 4. if the Sherife summoneth one that is a Summons to all Tamen vide hic cap. 70. that al must be summoned In an action of debt brought for dammages recouered in a Writ of Entrie c the Summons shall be to the person And so in all personall actions the Sherife must Summon the defendant by his person In a Scire facias against a Clerke the Sherife is to summon him onely by his land if he hath any Lay fee or else by his person but not by his goods If the Sherife shall retorne one summoned who was not summoned the Shâ—rife is punishable hic cap. 70. 85. Note that in euery writ the defendant ought alwayes to bee summoned 15. dayes at the least before the day of the retorne of the writ By the booke called the Mirror of Iustices reasonable Summons is when it is testifiable by two lawfull free witnesses neighbours and made to the person or at the house or tenement conteyned in the demand with warning of the day place party Iudge and of the action and with reasonable respite at the least of 15. dayes to make their answer c. Note also that the Sherife cannot summon himselfe nor serue any other proces vpon himselfe hic cap. 44. CHAP. 32. Attachment AFter the Summons if the tenant or defendant commeth not in then there issueth an attachment which is a Proces authorizing the Sherife to goe to his house or land and there to take Surety by pledges or to attach him by his hoods to the end that hee shall appeare and answere to the Plaintife or demandant So that vpon the attachment the Sherife or his Officer may either go to the parties house c. and there take of him Sureties or Pledges for his appearance yet these Pledges are not to be bound in any summe but onely to giue their words for the appearance of the party and if he shall not appeare then these Pledges shall be onely amerced Or the Officer may attach the party by his goods citing him to appeare and answer such a day at such a mans suit in such a Court and for such a cause c. Or if the Officer shall onely giue warning to the tenant or defendant in the presence of two others to appeare such a day in such a Court at such a mans Suite c. it is good enough A Clerke or Ecclesiasticall person may not be attached by his goods but must bee summoned or warned by his person or vpon their lands if they haâ—e any lay fee. The tenant or defendant can not be attached by his land nor by any parcell of his freehold as by a clod c. nor by any chattel reall Neither may a table dormant or any other thing which is fastened to the freehold be attached as a furnace doores windowes waynescots pales or the like and if the Sherife shall attach a man by any such thing he is punishable But an attachment ought to be made by such goods of the defendants owne proper goods as are moueables scz by meere chattells personals which may be forfeited by vtlary The party may not be attached by his horse whereupon he rideth if hee hath other goods whereby he may bee attached Neither may a man be attached by his Apparrell which is vpon his bodie No goods shall be attached but the proper goods of the defendant and not goods that are pawned or borrowed If the goods attached bee quick cattell the Officer may impound them in a Comâ—on pound If they be dead chattels as a pot Panne or the like the Officer may take carry them away to his owne house c. Or the Officer may first attach them and then take Sureties for the redeliuering thereof c. and so leaue them with the owner who was attached thereby But this is not so safe without taking good sureties or taking an obligation of the owner for the Redeliuery thereof if hee shall make default of appearance c. which obligation so taken seemeth to be good If the defendant shall not appeare at the day of the retorne then the goods attached are forfeit to the king and the Sherife shall be answerable for the value thereof If the Officer shall leaue the goods or cattell attached with the owner as aforesaid yet the Officer may take them againe vpon default of appearance A Baylife sworne and knowne may make an attachment without any warrant in writing for to him a command or warrant by word onely is sufficient The seruant of the Plaintife or any other stranger may make the attachment if so he hath the Sherifs warrant A woman Couert shall bee attached by her husbands goods The defendant or tenant must alwayes be attached 15. dayes at the least before the day of the retorne of the writ And for default thereof the Sherife shall be amerced CHAP. 33. Capias ad Respond ' IN reall Actions when the Tenant hath beene attached and appeareth not thereupon or if he appeare and after maketh default then issueth the grand Distresse whereby the Sherife is commanded to distreine the Tenant by all his goods and chattels which he hath within the same Countie also to answer the King the profits of his Lands In Trespasse and other personall Actions if vpon the Attachment or Distringas the Sherife returneth nihil then there goeth out a Capias Alias Pluries Exigent scz if the
commaundement to the contrary from the Lord Chancellour or other subiect whatsoeuer immo coment del nostre Seignior le Roy mesme desouth son priuy seale ou auter son ordinary power quant al execution de Iustice except tamen le absolute power del Roy. And if the Sherife shall surcease to execute the Kings writ vpon any such ordinary commandement the Sherife shall bee amerced c. See hic cap. 21. Note that this Writ de Habeas corpus shall not be graunted to remooue any prisoner except the writ bee signed with the proper hand of one of the Iustices of the Court out of which the same writ shall be awarded Habere facias seisinam Virtute c. Iustic ' certifico quod tali dic Anno Habere feci infranom ' A.G. plenam scisinam de vno messuag ' cum pertin ' in S. infraspec ' in omnibus prout istud breue Aliter c. Habere feci c. seisinam de in Tenementis infraspec ' Or de manerio de F xx acr ' terre 40. acr ' prati c. cum pertin ' in F. c. secundum formam istius breuis prout c. But vpon an Habere fac ' seisinam or other writ where land is recouered the Sherife may not make these returnes following scz That there is no such land and therefore he could not make execution c. That a stranger is tenant of the land and therefore hee could not c. That he against whom the recouery is had hath nothing in the land or is not tenant thereof c. For note that vpon the Habere fac ' Seisinam the Sherife ought to execute the writ although that a stranger bee seised of the land and that in truth none of the parties to the writ were euer seised thereof The Sherife retorned that he could not deliuer seisin by reason of Resistance made by I.B. and other persons vnknowne and was amerced for that he might haue taken Posse Comitatus c. And yet such a Retorne hath been allowed Vide hic cap. 36. Note that vpon the Habere fac ' scisinam as also vpon an habere fac ' possession ' if the Sherife shall duely execute the writ and that the Plaintife or demandant haue his demand there the Sherife needs make no returne of the writ But vpon the Habere fac ' seisinam the Sherife may make these retornes scz That hee offered to the demandant seisin c. and he refused it That hee the Sherife himselfe was tenant of the land and so hee could not serue the writ c. That none came to receiue seisin c. That none came Ex parte petentis ad ostenden ' tenement ' c. And yet in case where the same Sherife made the Summons there he cannot after make this retorn Quod nullus venit c. ad ostendendum Tenement ' Also note that vpon the Habere facias seisinam the Sherife may put the partie in seisin or possession as followeth viz. 1 Of a house by the Ring of the doore Or the Sherife may open him the doore of the house and bid him to enter c. 2 Of land by a bough twig clod or the like vpon the ground 3 Of a Rent the Sherife may put the partie in possession thereof by Parrol Or by any clod or other parcell of the land as a bough or twig Or by any corne or herbe or other thing growing vpon the land out of which the rent is issuing Or by Distresse of Cattell leuant and couchant there but the Sherife or party may not driue such cattel off the lands Also the Sherife may deliuer seisin or possession of land in one towne in the name of land in diuers townes Also vpon the Habere fac ' Seisinā or possessionem the Sherife may breake open the doore c. and deliuer seisin or possession Habere fac ' visum Virtute c. Iustic ' infrascr ' certifico Quod tali die Anno Habere fec ' infranom H.H. I. vxori eius visū de messuag ' c. infraspec ' cum pertin ' Et dixi A.C.D.E.F.G. H.I. quatuor milit ' or hom ' de Com' meo or ex illis qui visut illi interfuer ' Quod sint coram Iustic ' praedict ' ad diem locum infracont ' ad testificandum visum illū prout interius mihi praecipit ' In reall actions where the Tenant doth not well know the land demaunded he make pray the view scz that he may bee shewed which is the land demanded And the Sherife may returne That he was readie to make the view and that the Tenant nor any for him came not to haue the view Also the Sherife is not bound to know or to seeke the land demanded and therefore except the demaundant sheweth it to him hee may returne Quod nullus venit ex parte petentis ad ostendendum mihi Tenementa petita ideo dicto T.S. petenti de tenementis infraspec ' habere visum non potui Or the Sherife may returne Quod mandauit balliuo libertatis de c. Qui respondit quod petens non venit ad ostendend c. lou il fuit prist c. If the demandant shall shew to the Sherif a strangers land by force whereof the Sherife enters c. he is no trespasser In a Praecipe of a Rent the Sherife vpon the view demanded granted shall not returne Habere feci visum in x. s. redditus but hee must returne Habere feci visum de terra vnde redditus c. If a rent be granted but out of no land and yet certaine land is charged to the Distresse if the rent be behind ther◠in an Assise c. this land so charged shall be put in view If the Rent be granted out of one land and other land within the same County be charged to the Distresse here both these lands shall bee put in view Where a Mannor is demanded nothing shall be put in view but the Scite with the appurtenances and not by parcells If the Mannor be demanded and the thing put in view is but a house and a Carue of land of another name this is not good If a house and ten shillings Rent be demanded and nothing put in view but the house it is not good If a house and land be demaunded each parcell shall be put in view Where part of a Mannour is in demand yet the view shall bee of the whole Where a moitie or a third fourth or other part of house or land is in demand yet the whole shall bee put in view Where a Carue of land is demaunded the moitie thereof may bee put in view In an Assise of land lying in two townes the view ought to be made in both Townes In an Assise the view ought to bee made where the Disseisin began Vpon a demand of ten acres of land the Demaundant said to the Tenaunt That
by the common Law the Sherife is a principall conseruator of the peace and therefore vpon request to him made he may cause another to finde suerties for the peace and may take the same suertie by Recognisance and that ex Officio Yea the Sherife may apprehend arrest and commit to prison all Affrayors and such others as shall in any sort breake or attempt to breake the peace in his presence and within his Countie and may cause them to finde sureties for the peace But yet a Sherife ought not to execute the office of a Iustice of peace in the same Countie by force of any commission of the peace during the time that he is Sherife Also euery Sherife by vertue of his Office may take Posse Comitatus in these cases following scz When any of the Kings enemies shall inuade the land When any rebellion insurrection or ryot c. shall be To pursue apprehend and imprison Traitors Murderers Robbers and other Felons and that as well within Franchises or Liberties as without To execute the Processe and Warrants of the King and of his Iustices Plus hic cap. 95. Also vpon notice of any ryot vnlawfull assemblie Affray or other offence against the Peace the Sherife ought to raise the power of the Countie if need be to apprehend and imprison such malefactors They may arrest and commit to the Gaole all persons by them suspected which be vagrant or which shal walke by night or day and be of euill name or fame And it seemeth they may bind ouer such persons with Sureties by Recognisance to the next Sessions or Gaole deliuerie They may arrest and commit to the Gaole all such as goe or ride armed offensiuely scz in affray of the Kings People and may take away their Armour to the Kings vse and prcise the same by the oathes of some present If any Subiects Purueyour or Cator shall take any mans goods or any carriage against the ownors will the Sherife vpon request and notice thereof is to arrest and imprison the offendors c. sub poena 20. li. The Sherife or Vnder-sherife sub poena 100. li. must ioyne with the Iustices of peace 1 To arrest and imprison Ryoters c. 2 To record the Ryot in writing 3 To enquire thereof by a Iurie if they were gone before the comming of the Iustices and Sherife 4 And to certifie the King and his Coâ—ncell thereof if the truth cannot be found vpon such enquirie 5 If the truth thereof cannot bee found by reason of any maintenance they must also certifie the names of such maintainers and their misdemeanors sub poena 20. li. If any persons shall make resistance or disturbance to the Sherife or his Officers in the execution of the Kings Proces it seemeth the sherife may presently imprison such Resisters Sherifes may baile prisoners in diuers cases Hic cap. 96. Sherifes also haue the keeping and the Cognisance and the correction of the Assises of bread and ale and of false weights and measures and may enquire thereof in their Tourne and may adiudge them to bodily punishment See plus hic postea tit Torne ca. 109. Also in the execution of some Writs as in a Writ of Redisseisin in a Writ to enquire of Wast and in a Writ of admesurement c. the Sherife is both a Iudge and an Officer and so hath a twofold authoritie scz As a Iudge to hold plea of the matter to examine it to giue iudgement and in some cases to commit to prison yea and to make out Processe against the offendors As an Officer to execute the Processe and to retorne the same But this iudiciall or absolute power the Sherife cannot grant it ouer neither may he execute it by his Vnder-sherife or other Deputie as it seemeth but must sit and execute it in person although it be within a Franchise CHAP. 5. The ministeriall Office consisteth principally in these things following 1. TRuly to keepe the Kings rights of his Crowne within his Countie scz the Kings Lands Franchises suits c. Cap. 6 7 8. 2 To gather the profits and monies due to the King within the Countie Cap. 9 c. 3 To seise to the Kings vse the goods of Felons Fugitiues persons outlawed treasure troue waifed goods wrecks c. Cap. 14 c. 4 To execute returne all writs commandements directed to him from any of the Kings Courts Cap. 20 c. Note that whatsoeuer the Sherife shall doe in these former businesses Virtute Breuis scz by vertue of the Kings Writ or other Warrant from the Kings Courts is warrantable But what he shal do virtute or colore officij is not always excusable or so safe 5 To impanell Iuries and returne them Cap. 85 c. 6 To be attendant vpon the Iudges in their Circuits c. Cap. 98. 7 To assist the Iustices of peace and to execute their Precepts Cap. 99. 8 To execute the Precepts of other Commissioners Cap. 100. 9 To execute the Precepts of Eschetors and Coroners cap. 100. 10 To assist the Ordinaire in suppressing heresies Ibidem 11 Duly to keepe his Courts scz His Tourne Cap. 106. His Countie Court Cap. 110. 12 To proclaime certaine Statutes c. Cap. 102. CHAP. 6. FIrst The Sherife by his Oath is truly to keepe the Kings Rights scz that they be not decreased cancelled or withdrawne be it in his lands franchises suits or other things Concerning the Kings Lands In antient times Sherifes in their Tornes did enquire of alienations in Mortmaine and of alienations by the Kings Tenants without Licence and in such cases the sherife might haue seised the lands so aliened to the Kings vse as lands forfeited or escheated At this day where any man shall encroach vpon the Kings lands or vpon the Kings Highway or shall leuie or make any house or building wall or hedge c. vpon the Kings land or highway Or shall make any inclosure thereof these are purprestures and to be enquired of and reformed by the sherife in his Torne and they may be seised by the sherife into the Kings hands or may bee pulled downe c. Hic Cap. 107. Where without any offence found or other matter of Record there is a possession in Law vested in the King of any lands c. scz where the Freehold is cast vpon him in law there it seemeth the Sherife or Escheator ex Officio may seise and take the Issues and profits of the same lands to the Kings vse making account for the same As where any lands c. shall come to the King by discent Remainder or Reuerter Also the Kings Officer may seise these things following as Royalties belonging to the King by his Prerogatiue or otherwise comming to the King or Crowne by escheat or forfeiture and to answer the issues and profits thereof c. As First the lands and profits of the lands of aliens within their Countie The lands and profits of such lands as come to the
King by Attainder Escheat and alienation in Mortmaine The meane profits of lands for intrusions and alienations without License But in most cases for Lands or Tenements or the profits thereof there must first be an office found for the King viz. an enquirie must bee made by twelue men vpon their oath to finde the Kings title and the certainty what Lands or Tenements they be and the yearely value thereof before the Officer may seise them And yet in these cases following the Sherife or the Escheator may ex officio as it seemeth and without any Office found seise the same scz In cases where any are attainted during their liues of high Treason and here they shal forfeit all their lands and hereditaments in fee simple or fee taile So where the Kings Tenant in fee simple is attainted of pettie Treason or of Felonie and is put to death or dieth of himselfe the Kings Officer may seise the same for here a possession in Law vesteth in the King And in these cases the King shall haue the forfeiture of their lands from the time of the offence Also where a possession in Law of lands c. is cast vpon the King by discent Reuerter Remainder or Escheat vt supra So in cases of Wardship and Primer seisin or during the vacancie of a Bishopricke In which three last cases the possession in law of a Chattell is vested in the King But in other cases the Officer may not seise any lands or Tenements nor the profits thereof without an office found for the King or other matter of Record and Processe scz a Scire facias made out against the parties and retorned c. As where the King is entituled to enter for a Condition broken or for Mortmaine or for alienation without licence So in case where the King is intituled to seise the temporalties of a Bishop for a contempt So in Cases of Ideocie Lunicie and the like So where the King is to haue Annum diem vastum of the lands of persons attainted Also where an Office is found which doth not intitle the king to the possession by Entry but onely dy action there the Officer must first haue processe or other warrant for to seise the land c. As where it is found by an Office That the Kings Tenant for life or yeares hath done wast Or that his Tenant in fee simple hath cessed by two yeares Or that his tenant in fee hath made a feoffment by collusion contrary to thâ—â—â—tute of Marlebridge â—ote where the Office is found before the Escheator there the Escheator is chargeable vpon his accompt But of lands whereof the Office is found before Commissioners there the sherife shall be charged And yet neither of them shall bee charged but where there is an Office found or that they shall meddle ex officio c. And where there is an Office found they shall be charged onely according to the yearely value found by the Office And therefore in all these former cases where the Sherife shall seise any lands or tenements or the profits therof it is safest for the sherife that there be an Office first found thereof or at least for him to haue the kings writ other warrant of law so to doe But the Escheator is more specially appointed for the finding out of the Kings title to Lands Tenements and or other things CHAP. 7. Franchises A Franchise is a Royall priuiledge in the hands of a subiect And such are euery Libertie or commodity which of their owne natures are appertaining to the King and are deriued from the Crowne and by the speciall gift or grant of the king are come to a common person or subiect Of these some are more Royall as authority to pardon Treason Felony Vtlary c. Or to make Iustices the like which none can doe but the King 27. H. 8. cap. 24. Some are lesse Royall as Conusance of Pleas Chases Parks Warrens Fayres Markets Toll Courts Leets or Hundreds Wayfes Estrayes Wreckes Catalla felonum fugitiuorum vtlagatorum the correction of the Assises of bread and Ale Pillory tumbrell and the like these a subiect may haue Now if any man doe hold or vse any of these last sort of Franchises without or contrary to the kings grant or lawfull Prescription it seemes to be enquirable in the sherifes Tourne as a Purprestor Againe as it is parcell of the Sherifes oath to keepe the Kings Franchises so the Sherife may seise to the Kings vse ex Officio many of these things as namely wayfes estrayes wreckes and felons and vtlaws goods c. except where some other person hath the same by Charter or by Prescription Note in the former cases Capite precedente the king is to haue seisin or possession of the lands themselues So as the King may let them c. But where the king is not to haue seisin of the land it selfe but is onely intituled to the profits of the lands there the sherife ex Officio and without any office found may seise to the Kings vse the profits of such lands As the lands of a Clarke conuict of felonie Also the profits of the lands of persons outlawed in a personall action the Sherife or Escheator may seise ex offiico See hic Cap. 15. what the Officer may seise doe or take in the name of the profits of lands Also goods Goods and chattels of felons fugitiues and the like the sherife may seise ex officio And yet dicitur that the Escheator is rather and more vsually accomptable for these And that the Sherife is not acccomptable or chargeable for these saue in a grosse summe for the forme of the profits of the County See plus hic cap. 14 125. And note that no subiect can haue these things scz bona seu catalla felonum fugitiuorum vtlagatorum but by Charter and not by Prescription Also Franchises or Liberties seised into the kings hands vpon iudgement giuen in a Quo warranto the sherife shall answer the profits thereof to the kings vse But the Sherife must first haue a writ or precept directed to him for the seising of diuers Franchises before he may seise them for that there bee diuers Franchises which may not be seised but at the Kings suit in a Quo warranto which writ is to try the validitie of the Franchise c. as Conuzance of Plees correction of the Assises of bread Leets Hundreds Fayres Markets and the like CHAP. 8. Suits IT is parcell of the Sherifes Oath truly to keepe the kings suits Now Suite is a seruice which a man ought to do by reason of his land and tenure to performe this he ought to go to the Court of the king or of some other there to doe that which appertaineth to the nature of his suite And both the Sherifes Courts scz his Torne and Countie Court seeme also to be both of them the Kings Courts by reason that the suite belonging to them both
for felony hee shall forfeite his lands and goods otherwise where a man doth abiure for heresie trespasse or other offence A man arrested for felony maketh resistance and so is killed he shall forfeit his goods and yet no attainder So felo de se shall forfeit his goods But an infant Non compos mentis or a Lunatike killeth himselfe they shal forfeit nothing If a Parson or other Ecclesiasticall man shall commit felony or shall bee vtlawed or otherwise shall forfeit his goods the Sherife c. may seise his goods and his Tythes receiued wheresoeuer they lie or be The petty Iury attainted in a Writ of attaynt shall forfeit all their goods and the profits of their lands during their liues Affrayors before any Iustice sitting in place of Iudgement shall forfeit their goods and the profits of their lands So Affrayors in Westminster Hall sitting any of the kings Courts Persons wearing any priuy Armor in the kings Pallace or in Westminster Hall shall forfeit their Armour Persons riding or going armed Offensiuely forfeit their Armour and the Sherife must seise it preise it and shall be answerable for it See plus hic cap. 11 12.52 CHAP. 14. Other forfeiture of Goods GOods stollen and after wayued scz left or cast away by the felon when he is pursued are forfeit to the king And the Sherife or any other may seise them to the vse of the king but if the felon had not the goods with or about him when he fled then they are not forfeit Goods confiscate scz goods stollen or found in the felons possession which are lost by default of clayming them or by disclayming them c. such goods are forfeit to the king and the Sherife shall be charged therewith So of Goods stollen if the owner shall not persecute and giue euidence against the felon to attaint him Estrayes scz where any beast or cattell or swans commeth within any Lordship and none knoweth the owner thereof then it shall bee seised to the vse of the King or of the Lord c. But the Sherife or other Officer that shall seise an Estray ought to proclaime it according to law scz Once in the Church and in the two next market townes Deodands scz any goods causing the death of a man shall be forfeit Note that the Iury which doe finde the death of the man must also find preise the Deodand the Sherife may presently seise the same for the king Or may leaue or deliuer them to the town and the Sherife shall be charged to leuy the price thereof of the towne whether the same were deliuered to them to keepe or no. Goods of Egyptians the Sherife within one moneth after the arriuall may seise them to the Kings vse And yet euery person that shall proue by two credible witnesses before the Sherife that any of those goods were craftily or feloniously taken from him shall be presently restored thereto by the Sherife vpon paine to forfeit the double value A man vtlawed for Treason or felony shall forfeit his lands c. And all his goods which he had at the time of the exigent awarded or at any time after And although he shal be afterwards acquited of the felony or shall yeeld himselfe vpon the exigent yet he shall forfeit the profits of his lands all his goods for that such absenting himselfe is accounted a flying in law Also for vtlary in any personall action he shall forfeit the profits of his lands and all his goods reall and personall which he had at the time of the Vtlary pronounced and the Sherife or Escheator ex officio may seise to the kings vse all the profits of the lands in his possession and may mowe seuer and take all the corne and grasse growing and may take the feede and herbage of the grounds and take the rents of his fermors to the kings vse But the kings Officers may not meddle with the possession of the freehold lands scz to plow sowe grant or let the same Neither may they crop any trees nor cut any vnderwoods growing vp the Freehold nor any other thing which is not cut or taken yearely And yet if Tenant for yeares bee vtlawed the kings Officer may seise that land terme and may plow sow and occupy the same land and take all other profits thereof as the termor might Also goods which the party vtlawed hath ioyntly with another the kings Officer may seise the whole for the king Goods bayled by the party vtlawed to another to keepe may bee seised and taken for the king The party vtlawed makes his Executor and dyeth his goods in the hands of his Executor may be seised for the King A Ward shall bee forfeited by vtlarie But no goods annexed to the freehold shall be seised for vtlary Deere in a Parke shall not be forfeit by vtlary in a personall action Goods which the party vtlawed hath as Executor shal not bee forfeite Goods demised or letten nor goods pawned or lawfully distreined shall not bee seised for vtlary quousque c. Also where the Lord of a Mannor or Franchise hath by charter the goods of felons fugitiues or outlawes there the Sherife is not to meddle with or to seise such goods c. When the Vtlary with the Exigent is returned by the Sherife into the Court c. then is it a good Vtlary to disable the party to sue c. And yet before the retorne it is sufficient for the king and therefore the kings Officers may seise the goods of the party vtlawed presently after the vtlary pronounced and keepe them But the Sherife may not sell the parties goods before the Capias vtlagatum commeth to him And vpon the Capias vtlagatum the Sherife may eyther sell them or keepe them to the Kings vse And yet for that the Sherife by this writ is not commanded to sell the goods therfore if the vtlary be reuersed by a writ of Error the defendant shall haue restitution therof although they were sold except that the Sherife hath accompted for them in the Eschequor before the Vtlary reuersed Vide hic cap. 59. The Sherife may not arrest the body of him that is outlawed in any personall action without a writ of Capias vtlagatum But otherwise where the Vtlarie is for Felony or Treason If the King shall pardon a man who commeth in vpon the Capias vtlagatum before that the partie be satisfied yet if it bee after iudgement the Sherife must take heed that hee doth not suffer him to escape vntill the party be satisfied Also vpon Vtlarie retorned by the Sherife a writ sometimes goeth out to the Escheator to seise the goods and chattells and the profits of the lands of the partie vtlawed CHAP. 16. Treasure Troue TRreasure Troue is where any money plate or bullion is found hidden in the ground or earth in any place the owner thereof being vnknowne And such money or goods the King is to haue and the Sherife is
deliuered in execution by force of an Elegit The Lands of a Bishop or Lands which a man hath but during the Couerture may be deliuered in Execution vpon an Elegit Vpon an Elegit if the Sherife shall extend a Lease for yeares the Iury which he shall cause to enquire thereof must finde the beginning of the Lease and also the certenty of the terme to come And this certentie of the Terme ought to appeare vpon the Sherifes retorne of the Inquisition But vpon a Fieri facias the Sherife may extend and sell away the Lease or Terme without reciting any certenty scz the Sherife may in his sale therof recite that the Debtor hath a Terme of such a Close pro termino diuersorum annorum adtunc ventur ' and that he selleth the same to I. S by force of the Furi fac c. But if the Sherife will take vpon him to recite the Terme and recites it falsely and so selleth the same Terme such his sale is void except withall the Sherife selleth also all the Interest which the debtor hath in the same land Also the Sherife ought not or at least needeth not to mention any certenty of the Terme in his Retorne of the Fieri facias but generally quod fieri fecit de bonis catallis c. And the Sherife hath election either to sell quite away a lease for yeares remaining in the debtors hands or else he may onely extend and deliuer the same terme or lease to the Conusee at a certaine yearely value which last seemeth to be the most indifferent course for that there still remaineth a property in the Conusor so as vpon payment of the debt he may haue his terme or lease againe Note that no stay or delay of any execution shal be vpon any writ of Error or Supersedeas except there be security first giuen to the Plaintife in the Court where the Iudgement shall be giuen to prosecute the Writ of Errour with effect to satisfie the debt dammages and costs c. 3. Iacob Cap. 8. Plus hic Cap. 58. CHAP. 29. Execution vpon a Capias ad satisfaciendum VPon this Writ the Sherife must arrest and take the bodie of the partie and put him into prison and there must keepe him without Bayle or mainprise vntill satisfaction or agreement be made to the Plaintife of the whole debt and dammages recouered against him So that if the prisoner doe escape the Sherife must pay the whole debt and dammages except the prisoner be presently taken againe vpon fresh suit Also if the Sherife shall suffer such a prisoner to goe out of prison vpon Bayle or with a Keeper except it bee by the Kings Writ the Sherife shal be answerable for the debt And therefore the Sherife must bee sure to keepe such prisoners safely and may put them in fetters and gyues But if such a prisoner doe escape of his owne wrong scz against the will or without the consent of the sherife or officer then the Officer may take him againe by vertue of the same Writ before the Retourne thereof when and wheresoeuer he can find the prisoner although it bee in another Countie Yea it seemeth the Sherife at any time may take such prisoner making an escape of his owne wrong againe and may keepe his bodie in custodie vntil he hath made his agreement with the Sherife c. Or where such a prisoner doth escape of his owne wrong if hee bee taken againe by the Gaoler c. the prisoner shall remaine in execution for the partie againe if the partie will And yet where a Knight or Bourgesse of the Parliament or other person so priuiledged shall be taken in execution the Sherife ought presently to deliuer such prisoner being sent for by the House c. and the partie may after the Parliament haue a new execution against the Debtor What persons may not bee arrested and taken vpon a Writ of Execution See hic ca. 21. hic infra Such persons as are necessarily attendant in any of the Kings Courts although they being arrested vpon any originall Processe shall be discharged thereof vpon shewing their Writ of Priuiledge yet if they shall bee taken vpon any execution the Sherife ought not to deliuer them vpon their writ of Priuiledge for then the partie should be without remedie Where a man is in the Sherifes custodie vpon an execution the Sherife may not deliuer him nor suffer him to goe at large though with a Keeper vpon any commandement of any of the Kings Courts or Iustices as it seemeth without it be by the Kings writ Plus hic Cap. 21. Yet if one in execution bee suffered to goe at large for a time by the commandement of the Court and by the consent and agreement of the Plaintife and after the prisoner returneth againe this is not any escape But where the Sherife hath one in execution for debt if an Habeas Corpus or Corpus cum causa cometh to the Sherife to haue the bodie at Westminster c. vpon a certaine day heere the Sherife may not onely carrie his prisoner to London through another Countie but the Sherife in these cases may go and take what way or place he shall thinke to be most sure and safe for himselfe and to carrie his prisoner And vpon a Corpus cum causa or a Certiorari c. procured by any person being in execution the Sherife must returne the truth or cause of the prisoners in prisonment that so the prisoner may be remanded c. If the Sherife shall arrest one vpon a Capias ad satisfaciendum and shall not returne the Writ nor satâ—sfie the Plaintife this is an escape and the Sherife is chargeable for the debt neither may the Sherife arrest the party againe for the same cause Vide hic cap. 54. If the Sherife hath arrested one vpon a Capias ad satisfac ' c. and after the prisoner is rescued from him this is an escape and the Sherife is chargeable for the debt Execution vpon a Leuarifacias Vpon a Leuari facias the Sherife cannot seise the lands and deliuer them to the party but he is onely to take the corne grasse and other profits growing vpon the lands and the goods and chattells of the debtor and may deliuer them to the party and the Sherife may take the Rents payable by the tenants in execution of the debt and bring them into the Court. Note that the Sherife in debt may deliuer any land whatsoeuer that the party had the day of the Iudgment giuen or at any time afâ—er into whose hands soeuer they shall come But as to Chattells the execution shall be of such onely as the party defendant had the day of the Execution sued scz the day of the Teste of the writ of execution So that if the defendant shall sell his goods bona fide after iudgement and before the writ of execution sued those goods are not to be taken by the Sherife
nor liable to the execution But if the defendant hath sold his goods by Couin after the Recouerie or writ of Execution sued there the Sherife may take those goods in execution See hic cap. 61 CHAP. 30. Execution vpon a fieri facias VPon a fieri facias the Sherife is onely to take in execution the goods chattels of the defendant scz his leases for yeares of houses or lands and his corne growing or sowne vpon the land or his moueable goods as corne in the barne cattell houshold-stuffe money plate apparrell c. And here the Sherife may either keepe the goods himselfe making his retorne accordingly or the Sherife may deliuer the goods or money for the same being sold to the plaintife in execution or rather the Sherif may sel the goods and bring the mony into the Court and so the Court to deliuer it to the Plaintife And vpon the fieri facias the Sherife needs not to preise the goods by a Iury but the Sherife himselfe may sell the goods as well as he can and yet to preise them by a Iury and then sell them is more indifferent and safe Vpon a Fieri facias the Sherife may sell a Lease or Terme for yeares without enquiry of the value by a Iurie Note that the Sherife is commanded and compelled by this writ of fieri facias to sell the goods of the defendant And the property of the goods seised by the Sherife vpon this writ are not altered by the seisure but by the Sherifes sale thereof For the words of the Fieri facias be Praecipimus tibi quod de terris catallis praed ' I.S. fieri fac ' C.s. Et illos habeas c. ad respond c. And here though the iudgement be afterwards reuersed in a writ of Error yet the defendant shall haue no restitution of his goods but onely shall haue the value thereof as they were sold and the buyers thereof shall quietly enioy them because the Sherife had lawfull authority to sell them Vpon a fieri facias come to the Sherifes hands against A. If A. shall happen to die before the writ be executed here the Sherife may execute the writ vpon the Executors or Administrators of A. Or the goods of A comming to the hands of any stranger the Sherife may leuy or make Execution of these goods in the hands of the stranger But the Sherife or other Officer must be carefull that they take none but the defendants or debtors owne goods in execution for though they shall finde them in the possession of the defendant yet if vpon triall they shall be found to be none of the defendants goods then the Officer which shall take any such goods in execution is punishable and chargeable to the right owner of the goods If therefore it shall bee doubtfull to the Officer whether the goods bee the defendants or no let the Sherife take heed that he retorneth not that he hath taken so much goods of the defendants and that he hath Denarios illos paratos ad reddend c. for so he may be charged double for them scz both to the Plaintife and to the defendant for the same goods But let the Sherife either keepe the goods himselfe vntill the parties bee agreed Or else let the Sherife take securitie of the Plaintife to saue him harmlesse c. And to stay the retorne of his writ vntill he be well aduised what to doe therein Or rather where the property of the goods is doubtfull it is safest for the Sherife either not to meddle at all with such goods as shal not plainly appeare to him to be the proper goods of the defendāt or else to enquire by a Iury in whom the property of the goods be for the Sherife or Officer at his perill must take knowledge in whom the property is but being found by the Iury it excuseth the Sherife Also if the Officer shall attach goods which are not the proper goods of the defendant or shall arrest one man for another of the same name in both these cases the Officer is a Trespasser Goods gaged or pawned for debt can not be taken by the Sherife in execution nor goods demised or letten for yeares nor goods distreined Vpon a fieri facias if the Sherife shall leuy the money and shall keepe the same in his hands still the partie Plaintife may haue his action of account against the Sherife And if the Sherife shall returne fieri feci sed non inueni Emptores then a venditioni exponas shall goe out mes la party nauera vnques vn nouel Execution Note that vpon a fieri facias to leuy xx.l. if the Sherife retorneth fieri feci x.l. quàs habeo ad diem c. at which day he hath not the money and then a new Sherife is chosen here the Plaintife shall recouer that x. l. against the old Sherife c. CHAP. 31. Summons ALl Writs or Processe concerning the Common Law shall be awarded vnder the great Seale of England and shall bee made out in the Kings name onely Summons is a writ directed to the Sherife commanding him to bring in the party by a day or to cite or warne the defendant or tenant to appeare at a certen day to answer to the plaintife or demandant This Summons ought to bee made by or in the presence of two Summoners at the least being neighbours liberi legales In Reall actions the Sherifes order to execute this processe of Summoneas is to goe himselfe or to send his baylife to the land with the Summoners and there to cite or warne the tenant or party by sticking vp of a white sticke in his land which being done the Sherife must retorne two common Pledges for the Plaintife and then the names of the Summoners thus Responsio A. B. vic' Com' infrascr ' Pleg ' de prosequendo Iohannes Doo Richardus Roo See hic cap. 45. Summonit ' infranom ' I. S. the defendant Rich. Den. Hen. Fen ' This Summons or warning of the defendant to appeare and answer c. is so necessary by the Common Law as that without the same all the proceedings yea and the Iudgement after are oftentimes made frustrate and besides the Sherife subiect to punishment In Reall actions the Sherife or his Officer must summon the tenant or defendant vpon the land demanded be he tenant thereof or no and this summons to the tenant must be first to keepe his day of the retorne naming that in certen to answer to the demandment c. Secondly to shew the name of the demandant And lastly to name the land in demand And in writs of Summons the Sherife may not alledge or retorne Non tenancie in him whom the writ supposeth to be tenant In a Petite Cape the Sherife must summon the tenant to answer to his default onely But in a grand Cape the tenant shall be summoned to answer to his default and further to the demandment And
of the Countie court into the Common Banke and that the parties appeare there and agree that the admeasurement shall be made then there shal goe out a writ to the Sherife commanding him to make admeasurement and then to make the admeasurement the Sherife must goe in his proper person to the Common or pasture to bee admeasured and there by a Iury of twelue men must admeasure the same and he must returne the same into the Court by Indenture vnder his own seale and the seales of the Iurors Also if this writ be remooued into the Common Banke when the suit is come to the grand distresse before the writ be returned the Sherife is to make Proclamation in two Countie courts that the Defendant come in appeare in Court at the day contained in the writ to answer the plaintife and to shew cause why admeasurement should not be made and the Sherife is to returne that he hath made the Proclamations accordingly and if the Defendant commeth not vpon the Proclamations then admeasurement shall be made vpon his default But here also notwithstanding the default of appearance of the Defendant the Sherife is not to make admeasurement without another writ to that purpose first to him directed But if this writ be Viscountiel and sued in the Countie before the Sherife he must first summon the parties c. who may plead there and if the defendant grant that admeasurement shal be made or pleads or shewes no cause to the contrarie then the Sherife shall giue iudgement and shall presently make admeasurement thereof for the Sherife in such case is Iudge c. In this writ all the Commoners shal be admeasured by the Sherife as well those which did not surcharge the land as they which did and also the Plaintife himselfe but the Lord shal not be admeasured In this writ of Admeasurement of Pasture the Sherife may returne the defendant nihil and it is good For the forme of the returne of Proclamation of Summons see hic cap. 70. Note that no man ought to put more Cattell vpon the Common than serue to manure the land and then hee can maintaine and keepe in winter vpon his Tenement And if the Common be not sufficient so that all the Commoners may haue sufficient to their tenements in such case the tenants shall be admeasured hauing regard to that the common will beare CHAP. 50. Assise de Nouel Disseisin Assise THe Sherife is to returne this writ after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. the Defendant attachiatus est per Plegios Per Plegios H.F. W.G. Or thus Infranom ' I.S. attachiatus est per vnam vaccam Per Biens or vnum bouem or vnum equum pretij 40. s. Or thus if there be more defendants than one Infranom ' I. S. I. P. attachiati sunt viz. I.S. per vnum bouem preiij 5. s. I.P. per vnum equum pretij xx s And yet it seemeth the Sherife is to returne but fiue shillings and foure pence price Quaere of the vse Residuum executionis istius breuis patet in quodam pannello or in quadam schedula huic breui annex ' A.B. Armig ' Vicecomes Nomina Recognitor ' in Assis Nouae disseis inter M.C. querent ' seu petentem T.C. tenentem A.C. de S. Gener ' Et sic ad numerum 24. Le Panell D.E. de F. Yeoman Et sic ad numerum 24. Summonitor ' Iurator ' siue Recognitor ' praedictor ' eorum cuiuslibet per se I.D. T.F. or more Manucaptores summonitorum praedict ' eorum vtriusque I.W. W.D. And note that the Sherife at the first day shall onely returne Manucaptores summonitorum and not Iurator ' but after he shall returne Manucaptores Iuratorum Note also That if the Defendant be not to be found nor hath whereby to be attached the Sherife may summon and attach his Baylife in an Assise Also the defendants bayli e may be attached by Pledges and the Sherife may make his retorne accordingly By the Statute of Westminster 2. cap. 25 The disseisor shall be attached but by one Oxe of 5 s iiij d price or the value So then where the Tenant is sufficient and attached the Sherife must retorne 24. Iurors or Recognitors He must retorne Summonitores Iuratorum Manucaptores Summonitorum Or he may retorne quod quilibet recognitorum praed per se separatim Attachiat est ê‘ Pleg ' I.D. R.R. And further Exitus eorum cuiuslâ—bet v s. And he must set downe the names of the Recognitors scz the Pannell and all the rest in a schedule and annexe the same to the backe of the writ c. But if the tenant or defendant bee insufficient then the Retorne must be after this manner Plegij de prosequendo Ioh. Doo Rich Roo Infranominat I. S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec est inuentus in eadem Or rather thus Infranom I.S. Nihil habet in balliua mea ê‘ quod Attachiari potest nec habet balliuos nec balliuum nec est inuentus in eadem Also in an Assise the Sherife may retorne Mandaui balliuo Libertatis Qâ—â— nullum dedit responsum c. Annuity In a writ of Annuity Annuity the Sherife retorneth that the defendant Nihil habet in balliua mea per quod potest Summoniri this is a good retorne but per quod potest Attachiari is not good And the Sherife may summon the defendant in his writ by his person if he hath no land where hee may be summoned So that the Sherife is here first to take Pledges of the Plaintife de prosequendo c. And then he is to summon the defendant to appeare at the day before the Iustices c. CHAP. 51. Atteynt IN this writ the Sherifes retorne must be made after this manner Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores infranomin ' I. S. the defendant H. F. W. G. Residuum Executionis istius breuis patet in quodam Pannello or quibusdam schedul ' huic breui annex ' or consut ' A.B. armig ' vic' Le Pannell Nomina viginti quatuor milit ' inter R.S. quer I. S defend ' A. C. D. E. F. G. c. ad numerum 24. And these must be Knights Esquires or Gentlemen hauing twenty marks per annum of freehold at the least Quilib ' Iur ' praed ê‘ se sepa ratim attach est ê‘ Pleg ' C.D. E. F. Summonitor ' Iur ' praed eorum cuiuslibet I. D. R.S. Manucaptor ' Summon ' eorum vtriusque I. P. R. C. F. D. R. G. quaere if these Manucaptors be needfull Nomina Iurat ' primae Inquisit in breue huic Pannello annex specificat Le Pety Iury. A. S. C. D. H. F. c. ad numerum xij Summonitor ' or Pleg ' Iurator ' primae Inquisit eorum cuiuslibet
I.D. R. R. Manucaptor ' Summonitor ' praed ' eorum vtriusque I. L. H. P. R.S.T.V. quaere of these Note that Manucaptors of the Summonors and Pledges must bee set downe vpon the retorne in an attaint as also in an assise quaere Also in an Attaint the Sherife must retorne the names of all and euery of the twelue that were of the first Iury and must distreine or summon them c. In an atteynt the Sherife vpon the Distresse â—ay not retorne that the defendant is dead In an attaynt the Sherife retorned a certaine number of Iurors but not to the full nuâ—ber and auerred in his retorne that there were no more within his bayliwicke which might spend xx l. ê‘ annum this seemeth good The Sherife may retorne the defendant Nihil in his writ Tamen quaere where that the Sherife may summon the defendant in terra petita But where the Atteynt is not of land there Nihil may be retorned vpon the defendant The Sherife is to summon the Tenant to be at the Recognition or triall The Grand Iury must be 24. And these are to be warned the first day CHAP. 52. Attachment VPon an Attachment the Sherife may retorne that the defendant is attached by Pledges or is attached by goods Vide hic cap 45. the forme Where the Sherâ—â—e attacheth one by Pledges he must make his retorn thus Infranom ' I. S. attachiatus est ê‘ Pleg ' S.B. R.B. But he may not retorne Plegij infranom I. S S. B. R. B. For such retorne were not good for want of the word Attachiatus Also if the Sherife shall but warne the tenant or defendant to appeare and answer and shall retorne garnishment it seemeth to be good If the defendant bee a beneficed Clerke he must bee warned by his person or by his land if he hath any Lay fee. Hic cap. 36. Where the Sherife attacheth one by goods he must in his retorne set down the certainty of the goods in Specie as also the value of the goods as thus Infranom ' I. S. attachiatus est per vnum bouem or equum c. pretij 40 s And where the attachment is made of a liuing thing or things the Retorn must be pretij and so of a dead thing in the singular number But if it be of dead things in the plurall number then it must be ad valentiam and not pretij Note that wheresoeuer the writ is Pone per vad ' saluos pleg There if the Sherife shall finde the party hee may attach him by Pledges and if he cannot finde the party then he may attach him by his goods Also the Sherife vpon an attachment may retorne the defendant Nihil Nihil habet in balliua mea per quod attachiari potest but then he must retorne further Nec est inuentus in eadem Attachment sur Appell In an Appell of death or Robbery Non est inuentus is a good retorne vpon the Attachment Also the Sherife may retorne that the Plaintife non inuenit Plegios de Prosequendo Ideo c. CHAP. 53. Capias ad respondendum A Capias Alias or Pluries directed to the Sherife may be retorned after diuers manners and as the case shall require viz. 1. First if the Sherife will not or cannot execute the writ then thus Infranom ' I.S. Non est inuentus Non est inuentus in balliua mea Or Infranom ' I.S. E.D. non sunt inuenti c. Or Infranom ' I.S. caeteri defend infranominati non sunt inuenti in balliua mea Plus hic cap. 36. 2. And if the party bee taken or found then thus Cepicorpus Virtute istius breuis mihi directi Caepi corpus infranominati I.S. cuius corpus coram Iustic ' infrascript ' ad diem locum infracontent ' paratuÌ„ haâ—eo prout breue istud exigit Or prout interius mihi praecipitur But vpon such a Retorne the Sherife must withall haue the prisoner so as he appeareth at the day of the Retorne or else the Sherife shall be amerced And yet the Sherife may keepe the body after the day for hee is chargeable to bring him in by his owne Retorne In prison Virtute istius breuis vobis Iustic ' infrascript certifico quod ante aduentum istius breuis praed I. S. captus fuit c. Et in tali prisona detentuâ— Pro si spitione feloniae Pro Condempnation ' in placito Debiti c. Per Capias ad Satisfaciend in Debt Pur Arrerages de Accompt Virtute cuivsdam Quaerele c. in placito Dâ—bitâ— super demand de xx.l. in tali Curia ad sâ—â—tam I.G. c. But in these and the like cases the Sherife in his Retorne must shew the true cause of his being in prison in particular and neuerthelesse the Sherife must haue the body of the prisoner in Court or so as he appeareth at the day of the Retorne Quod Commissus fuit per duos de Conciâ—io Regis c. but here the Sherife vpon the Capias must arrest the defendant though hee had his body before and must haue his body in Court at the day Quod ante istud breue mihi deliberat ' fuit Aliter or post quam istud breue de Capias mihi deliberat ' fuit Supersedeas ante Captionem infranom ' prefati I. S. Idem I. S. protulit mihi breue Domini Regis de Supersedeas quod huic breui est coÌ„fut Ideo vlcerius ad executionem istius breuis Nihil per me actum est these are good Retornes Quod Cepi corpus c. qui postea protulit mihi breue Domini Regis de Supersedeas c. Ideo corpus suum coram c. habere non possum this is not good Quod Caepi corpus c. ipsum ad gaolam c. Posteaque viz. tali die c. pretextu cuiusdam alterius breuis dicti Domini Regis mihi directi cuius transcript ' vobis mitto huic breui annex ' predictum I.S. a prisona illa deliberari feci Et ideo corpus suum c. habere non possum These two last Retornes seeme not to be good for after he was arrested or taken vpon the Capias vpon the Retorne of the Sherife he is to be deliuered by the Court. Aliter Also vpon a Capias the Sherife may make these Retornes Quod fugit ad Libertatem T.P. ibid. morat ' c. Mandaui balliuo Libertatis de c. See hic cap. 39. infra That a Rescous was made c. Vide hic cap. 36. Languidus c. That the party is dead quaere de hoc For these 5. last Retornes See hic cap. 36. Quod breue tarde Tarde venit c. is no good retorne vpon a Capias but the Sherife shall be amerced therefore Virtute istius breuis mihi directi mandaui I.D. balliuo libertatis N. Episcopi E. qui
the parcells que omnia obtuli deliberare c. but she refused it this is repugnant and void If the Sherife shall deliuer to the wife the moyty of the land in execution for the third part there seemes no remedy against the Sherife but a Scire fac ' against the wife In this writ it is no good Retorne for the Sherife to alledge Nontenancie in him whom the writ mentioneth to be tenant Note that the Sherife may execute this writ scz may assigne the thirds to the wife himselfe without any Iury. Retorn ' breuis ad Inquirendum de dampnis in Dote Executio istius breuis patet in quadam Inquisitione huic breue annex ' Inquisitio Indentat capta apud c. â—oram c. per Sacramentum c. Qui dicunt c. Quod infranom ' I.D. tali die Anno loco obijt seisitus c. de in Tenementis infraspec ' quod tenementa praed ' valent per annum c. Et quod sex Anni 3. quarters Anni delabuntur a tempore mortis pred' I.D. quod A.D. infranom ' sustinuit dampna occasione dotis suae infraspec ' ad valenc ' x. l. In cuius rei testimon ' c. Vpon the writ to enquire of dammages if the Iury will finde no damages and the Sherife maketh his retorn accordingly though the Retorne bee not good yet the Sherife shall not bee amerced for this default of the Iury. Retorne de breue de Droit A writ of Right the writ was that the Sherife should retorne 4. knights to choose the grand Assise retornable such a day and the Sherife retorned that there were no Knights but Burgesses and the Sherife was therefore amerced for in such case the Sherife was to retorne them Knights though they be no Knights See hic cap. 86. And yet in a writ of Right the Sherife retorned two Knights and two Esquires to choose the grand Assise and this was holden a good Returne so as the Sherife returneth That there were no more Knights within the same Countie But by others if they were not all Knights the Sherifes Returne was without Warrant and yet it seemeth that the Sherife may return others in default of Knights Hic cap. 86. If there be not so many Knights in the Countie as the Sherife shall haue in command to return or to summon the Sherife may returne that there are not so many Knights in his Countie A writ of Right was brought in the Lords Court and remooued by a Tolt into the Countie Court and after by a Pone it was remooued out of the countie in Banco and thereupon the Sherife returned the Writ of Right and the Pone but not the Tolt and it was holden that the Sherife needeth not to returne the Tolt CHAP. 57. Aetate probanda IN this writ directed to the Sherife to enquire of the age of the Kings Ward euerie one that shal passe in that Enquest must bee of the age of fortie two yeres at the least And there ought to be twelue of the Iurie as in al other Enquiries And the heire is to informe that Enquest by certaine signes and tokens of the time of his birth c. which signes so giuen in euidence shall be returned by the Sherife as well as the principal matter Quaere for the vse Eiectione firmae Plegij de prosequendo Ioh. Doo Rich Roo Infranom ' I. S. attachiatus est per centum oues pretij viginti librarum Or Infranom ' attach ' est per pleg ' B.C. D.E. Infranom ' I.S. Nihil Nihil habet in balliua mea per quod attachiari potest CHAP. 58. Returne de Elegit VIrtute istius breuis ego A. B. Vic' Com' infrascript ' tali die an' Liberaui I. B. medietatem Manerior ' in Inquisitione huic breui confut ' specificat ' cum pertin ' Elegit per extent ' in dicta Inquisic ' fact ' Tenend sibi assign ' suis vt liberum tenementum suum quousque idem I.B. debitum dampna sua infrascript ' leuauerit prout interius mihi praecipitur A.B. arm ' Vic' Executio istius breuis patet in quadam Inquisic ' huic breui annex A.B. ar ' Vic ' Aliter Inquisitio indent ' capta apud c. per Sacram ' c. Qui dicunt super sacram ' Quod B. C. in breui praed nomin ' tali die anno fuit seisitus in Dominico suo vt de feodo de in vno messuag ' vocat ' c. iacent ' c. modo in occupatione A.I. vid. clari annui valoris c. xl s. Ac etiam de in vno alio messuag ' c. Quae omnia singula praed B.C. nuper perquisiuit sibi haered suis de c. Quod quidem messuag ' in tenura praed A.I. vna cum c. cum pertin ' pro medietate omnium terrarum tenementorum praedict ' Ego praed Vic' deliberari feci I. B. in breue praed nominat ' Tenend sibi c. quousque debitum suum de C.li. vna cum xx s. pro dampn ' c. leuauerit prout c. Et vlterius Iurat ' praedict ' dicunt c. Quod praedict ' B. C. Nulla alia sine plura habet bona aut catalla terras siue tenementa in Com' praedict ' ad eorum noticiam In cuius rei testimonium tam ego praefatus vic' quam Iurator ' praedict ' huic Inquisitioni sigilla nostra alternatim apposuimus die anno loco supradict ' c. A.B. Armig ' Vic' What lands and goods the Sherife may take and deliuer in execution vpon an Elegit and in what manner see hic cap. 28. Vpon the Elegit the extent and valuation of the lands and the preising of the goods must bee by an Enquest of twelue men Also the Sherife is to make execution by meets and bounds See Plus hic cap. 28. Note that if the land be in extent or alreadie taken in execution and then an Elegit commeth to the Sherife at another mans suit yet the Sherife may seise and deliuer the same lands againe to the last man vpon the Elegit scz the reuersion thereof Tenendum c. cum acciderit Or else the Sherife may onely extend and value c. the land and returne the same valuation and shew further that he did not or cannot deliuer the same to the Plaintif or make execution thereof for that another had the same in execution before But for the other moitie of the land which was not extended c. to the first man vpon his Elegit the Sherife may presently seise deliuer the same to any other person vpon another Elegit or execution comming afterwards to the Sherifes hands together with the reuersion of the first moitie cum acciderit Vpon the Elegit Nihil or Nulla bona is a good Returne Also the Sherife may returne the extent
returneth a Fieri facias c. hee must withall haue the money in Court at the day Or vpon a Fieri facias if it be duly executed and the money paid to the Plaintife or he otherwise satisfied the Sherife needeth not to return the writ Hic cap. 38. Also vpon a Fieri facias the Sherife may sell a Lease for yeares and yet neuer make any mention thereof in his Returne but to returne generally Quod fieri fecit de bonis catallis c. Vpon a Fieri facias against I.S. who dieth before execution the Sherife may leuie the execution of the Executors or administrators of I.S. Vpon a Fieri facias if it shall appeare to the Sherife that the Defendant hath sould his goods by couin after the Recouerie there the Sherife is to make execution of the goods notwithstanding such sale Plus hic cap. 30 36 29. Vpon a Fieri facias sur Deuastauit vpon a recouerie had in debt against Executors the Sherife may return That the Executors haue sould and wasted diuers other of the Testators goods and conuerted the money to their own vse He may returne That the Executors Nulla habent bona seu catalla de bonis suis proprijs in balliua sua vnde c. Also vpon this writ the Sherife may take and seise into his hands such goods of the testators as are remaining in the Executors hands Formedon Plegij de Prosequendo Ioh. Doo Rich. Roo Summonitores Infranominat I.S. I. H. T. S. Vpon a Formedon the Sherife may returne Tarde c. But in a Formdon the Sherif may not returne Quod nihil habet c. Or Non est inuentus c. For that in this writ the Sherife may summon the Defendant vpon the land demanded whither he be Tenant thereof or no. CHAP. 62. Garrantie de Charters THe Processe in this writ is Summons Attachment and Distringas infinite and vpon euerie of these the Sherife may returne as is before shewed In this writ also Nihil is a good returne Briefe de Gard. In this writ the Defendant is to be summoned Vpon this writ the Sherife may returne That the Enfant is in another Countie In this writ vpon the Distresse with Proclamation the Sherife may returne Tarde scz That the writ came so late that he could not make Proclamation Vpon the distresse with Proclamation the Sherife returned that as to the distresse Mandauit balliuo libertatis c. and as to the Proclamation That he made it himselfe this is no good returne by some opinions for that the whole returne and seruing of the writ belongeth meerely to the bailife Tamen quaere for that the Proclamations are to be made by the Sherife in the countie Court therefore he ought rather to execute the whole Grand Cape Virtute istius breuis c. tali die anno per visum R.H. T.H. proborum legalium hominum de com' meo Cepi in manus Domini Regis terras infrascript ' prout interius mihi praecipiter Summonitor ' I.D.R.F. Aliter Or Cepi in manus Domini Regis omnia terras tenementa reddit ' seruic ' cum pertin ' in breui isto specificat ' secundum formam huius breuis Note that the Grand Cape must bee serued scz the lands must be seised into the Kings hands by the view of lawfull men fifteene dayes before the day of the Returne scz before the primo die and the Sherife shall bee accountable for a the issues thereof And yet by some opinions those words Cape in manus nostras are but of form and that the Sherife ought not to seise the lands into the Kings hands by force thereof see hic cap. 11. But the Sherife must summon the tenant to answere to his default further to answere to the Demaundants action Also the Sherife must returne the names of the Summoners and veyours In this Writ the Sherife may return that the party hath nothing per quod Sommoniri potest He may returne Quod nullus venit ex parte querent ' ad ostendend mihi terras ideo non potui Capere c. He may return that there is no such Turne c. Hee may returne Mandaui balliuo libertatis c. Cepi in manus Domini Regis duos solidat ' redditus infrascr ' ê‘ visum c. De Petit Cape vide hic cap. 11. 31. CHAP. 63. Habeas Corpus Et corpus cum causa VIrtute istius breuis vobis Iustic ' infraspec ' certifico quod ante aduentum istius breuis infranom ' I.S. Captus fuit in tali loco prisone c. Commiss pro suspitione proditionis feloniae sur Capias vtlagatuÌ„ or excom ' sur Account pro transgressione or Virtute alterius breuis Domini Regis cuius tenor ' sequitur ' c. Attamen corpus eius coram vobis ad die et locum infracontent ' prompt ' habeo prout interius mihi praecipiter And yet if a man be in prison for treson or felony and be attainted it seemeth the Sherife may returne this and that therefore hee cannot haue the bodie in Court at the day c. Aliter Infranom ' I.S. Captus fuit c. Et Prisone c. Commissus virtute cuiusdam breuis de Capias ad satisfact ' Ideo corpus eius ad diem c. habere non possum prout c. But quaere of this retorne ss For if a man be condemned in any Court for Debt or Damages recouered and his body be therupon taken in execution and then he procures any writ to the Sherife to remoue his body c. The Sherife ought to bring in the bodie at the day according as he is commanded by the writ And withall the Sherife ought to returne the speciall matter and cause of the condemnation that so at last the prisoner may bee remaunded c. Infranom ' I.S. languidus est in prisona Aliter ita quod propter mortis periculum c. ipsum tute remouere non possum Infranom ' I.S. per me non captus fuit Aliter sed ê‘ I. C. militem nuper vic' praedecessor ' meum mihi per ipsum minime delibertat ' in exitu ab officio suo Ideo corpus eius c. habere non possum c. Also vpon these writs it is a good retorne that the party is dead Domino Regi certifico quod I.S. infrascr ' Aliter non detent ' existit in prisona sub custodia mea Nec fuit die receptionis huius breuis nec aliqua causa detentionis ipsius I. penes me residet Et ideo corpus ipsius I. causa detent ' illius coram Domino Rege ad diem locum infracont ' habere non possum prout interius mihi praecipitur And note that these writs of Habedi corpus Corpus cum causa are to bee executed by the Sherife notwithstanding any
misis expensis quae in hac parte rationabiliter sustinuit plenar ' satisfact ' fuerit prout istud breue in se exigit requirit I.S. infranominatus non est inuentus in baltiua mea Vide plus hic cap. 25. CHAP. 66. Retorne de Briefe de Medio PLegij de Prosequendo Ioh. Doo Mesne Rich. Roo Summonitores in franomin ' I. S. H. I. T. S. In a writ of Mesne the Processe which is giuen by statute is Summons Attachment and the Grand Distresse which shall haue day of Returne by such time that two Countie Courts may be holden in which the Sherife shall make Proclamation that the defendant come to acquire the Plaintife or Tenant c. And if the Defendant commeth not and that the writ be returned the Defendant shall bee foreiudged For the forme of the return of Proclamation of Summons see hic cap. 70. Nihil Vpon the Writ of Mesne the Sherife may returne Quod nihil habet medius vnde potest summoniri Or Nihil habet per quod potest attachiari Or Nihil habet per quod potest distringi Retorn ' breuis Eligend ' Militis Burgens Parliamenti Virtute istius breuis mihi directi in pleno Comitatu meo tent ' apud Cantab ' tali dic anno per assensum eiusdem comitatus Elegi feci duos Milites de Com' meo praed viz. E. P. I.C. ad faciend ' prout istud breue in se exigit requirit Feci etiam praeceptum W.D. maiori villae de C. in Com' meo quod de eodem burgo Elegi fecerit duos burgens ad faciend quod istud breue exigit qui quidem Maior sic mihi respondit quod clegi fecerit de praed ' burgo de C. duos burgenses viz. P. F. I. W. ad faciend etiam prout istud breue in se exigit requirit Proclamari etiam feci omnia in isto breui content ' secund formam effectum huius breuis prout istud breue requirit Residuum vero Executionis istius breuis patet in quibusdam Indentur ' huic breui annex ' And then there must be indentures made betweene the Sherife of the one part and some of the freeholders being chusers of the Knights of the other part in which indentures the names of the Knights shall also be set down c. See hic postea cap. 92. For the forme of these Indentures see my booke at large The like Indentures also are to bee made betweene the Sherife of the one part and the Maior or Baylife quaere and some of the free Citizens or Burgesses of the City or Borough being chusers of their Citizens or Burgesses of the other part In which indentures also the names of their Citizens or Burgesses must be set down c. hic cap. 92. The forme of which last Indenture you may also see in my booke at large And all these Indentures must be returned with the said writ Plus hic cap. 92. CHAP. 68. Retorn ' breuis originalis in Partitione PLegij de prosequendo Ioh. Doo Rich. Roo Summonitores infranominati R. B. Eliz. vxoris eius W.A. H. F. A. B. Armig ' vic' The Returne of the writ of Partition Executio istius breuis patet in quadam Inquisitione huic breui annex ' Virtute breuis Domini Regis mihi directi huic schedulae or huic partition ' Indent annex ' ego A.B. armig ' vic' Com' praed ' tali die anno in propria persona mea accessi ad messuag ' or ad Tn'ta in breui praed specificat Et ê‘ Sacramentum I. B. R. B. c. ad numerum xij proborum legalium hominum de Com' praed ac visnet ' in eodem breui specificat ' habito respectu ad verum valorem eiusdem messuagij or eorund Ten'tor ' cum ê‘tin ' eundem messuag ' cum ê‘tin ' in quatuor equales partes partiri feci vnam partem partium illarum viz. c. Tenendum H. S. F. vxori eius in breue praed ' nominat ' in separalitate ê‘ metas bundas in iure eiusdem F. Aliam partem inde viz. c. Tenendum B.R. Eliz. vxori eius in breue praed ' nom ' in separalitate in iure eiusdem E. * Ac duas alias partes inde viz. c. Tenendum praefato I.S. in separalitate in iure suo proprio Et ego praefatus vic' dic anno superdictis eas deliberari assign ' feci prout idem breue in se exigit requirit In cuius rei Testimonium c. And it is fit to name and abutte and shew the contents of the seuerall parcells * If any of the parties be absent the Sherife may make his returne thus Et quoad duas partes residuum TenemeÌ„torum praed ' in breue praed ' specificat ' I. S. in codem breue similiter nominat ' ad particioneÌ„ praed ' deliberand ' assign ' Iustic ' infraspec ' certifico Quod nullus ex parte ipsius I.S. venit ad recipiend ' de me easdem duas partes Ita quod duas partes illas praefato I. S. liberare assignare non potui prout breue praed in se exigit c. In cuius rei Testimon ' c. So that here the Sherife must in person goe to the Tenements c. Hee must make the partition by the oath of x j. men The partition must be made by the Iury who must doe it equally and then the Sherife may assigne the one part to one and another part to another c. at his election and by meetes and bounds and here the eldest sister is not to chuse c. Or vpon the partition to be made between 2 parceners of two Mannors the Sherife may assigne the one Mannor to the one and the other Mannor to the other so that both the Mannors be of equall value And so of 2. Acres of land c. The Sherife must returne the Partition by writing indented vnder his owne seale and the seale of euery Iuror Vpon a partition to be made between tenants in Common where one of theÌ„ hath purchased other lands which lie intermixt and cannot be knowne the party which purchased such lands ought to shew to the Iury the bounds or the certainty or number of Acres of his land so purchased but if neither party will therein giue euidence to the Iury yet the Sherife and the Iury are to make the partition at the r perils and as well as they can See a good forme of the Returne of this writ of Partition Libro Intrat fol. 452 tit Partition div 3. CHAP. 69. Praemunire VPon this writ the Sherife returned that the defendant was garnished generally but sheweth not what day and it was disallowed for such garnishment ought to be two moneths before the returne Vpon this writ the Sherife returned Quod Praemunire fecit c. quod
esset c. coram c. ad faciend ' quod istud breue exigit requirit this is a good returne The Sherife may returne that the defendant Nihil habet in balliua mea ê‘ quod eum praemunire facere possum ad praesens nec est inuentus in eadem CHAP. 70. Praecipe quod reddat of land IN a Praecipe quod reddat the Sherife may not make any of these 5. returns following scz That the defendant is not tenant for the Sherife may summon him in terra petita That the defendant Nihil habet vnde eum summonire potui Or That the defendant Non est inuentus Causa qua supra That the tenant is an Enfant or Feme Couert That the tenant hath yeelded the land to the demandant For if the tenant shall yeeld the land to the demandant yet the Sherife must summon the tenant and must returne the same for that such yeelding of the land must be in the Court c. In a Praecipe against two the Sherife returneth one of them summoned and the other not this is not good but he must summon them both and so make his Returne In a Praecipe quod reddat the Sherife may returne That the Tenant is dead or deposed beeing an Abbot c. If the Sherife shall returne the Tenant summoned where in deed he was not summoned the Sherife is punishable Note that in a Praecipe quod reddat there must be two Summoners at the least and the Sherife or his Officer in the presence of those Summoners ought to summon the Tenant to keep his day of the Returne naming that in certaine and also he ought to name the demandant the land in demand Hic cap. 31. Proprietate probanda Vpon a Repleuin Alias or Pluries Repleg ' directed to the Sherife if the Defendant claimeth propertie in the Cattell or goods distreyned c. the power of the Sherife ceaseth and determineth so as the Sherife may not Repleuie or make deliuerance of theÌ„ But the Sherife is to returne Quod def clamat aueria c. esse sua Ideo c. And vpon such Returne the other partie may sue out his writ de Proprietate probanda Vpon this writ de Proprietate prob ' the Sherife in his County Court and before the Coroners shall impannell a Iurie to enquire in praesentia partiuÌ„ if they will of the propertie of the Cattell or goods scz to whom the property of the same was at the time of the taking and if it bee found that the propertie was in the defendant the Plaintife shall be amerced by the Sherife in the Countie But if it be found that the Defendant had nothing in the Cattell or goods but that the propertie was in the Plaintife then if the Plaintife shall find Pledges de Prosequendo the Sherife shall attach the defendant ad respondend tam dom Regi de contemptu quam querenti de dampnis c. And the Defendant shall afterward be committed to prison by the Iustices there to remaine vntill hee hath paid a fine to the king for such his false claime but that punishment and fine shall be inflicted and set by the Iustices in Banco Also vpon the propertie found for the Plaintife as aforesaid the Sherife shall make deliuerie of the Cattell c. to the Plaintife Vpon this Writ the Iurie are onely to enquire to or in whom the propertie of the Cattell was at the time of the taking And here the verie title of the Cattell or goods shall bee giuen in euiuidence and tried before the Sherife And vpon this triall the partie may challenge the Iurie But this writ shal not be granted but onely where the Repleuin is sued by writ and not where it is onely by Plaint neither shall it be granted but vpon the Sherifs Returne c. Note that the Bailife or seruant may claime propertie for his Master one Defendant may claime propertie but an Estranger cannot claime propertie And although the Baylife or Seruant shall claime propertie for their Lord or Master yet the Sherife may make deliuerance of the Cattell notwithstanding such claime and may not safely returne such claime made by the seruant but if the right owner of the goods himselfe claimeth property then the Sherife may not make deliuerance but must returne Quod def clamat aueria c. vt supra Also before the enquirie of the propertie be made in the Countie Court the Sherife is to giue warning to the Defendant thereof that he may be present thereat if he will And the Sherife also must giue warning to the Plaintife to be there to giue in his euidence to the Iurie c. Mes nota que le triall del propertie enle Countie Court deu 't le Vic' per cel Briefe ne lier les parties c. Retorne de Proclam ' de Summons in Breue de Admeasurement Proclam Ad Com. meum tentum apud Castrum Cantabr ' in Comitat ' Cantabr ' infrascr ' tali die anno Et ad Comitat ' meum tent ' apud Castrum Cantabr ' in Com' C. praed tali die ann ' suprad proclamari feci omnia singula in Breui praed specificat ' prout mihi interius praecipitur The like returne of Proclamation may be made vpon the writ de Communi Custodia c. but that there must be three Proclamations c. Vide Retorne de Proclam ' de Summons Summons In Breife de Dower hic cap. 56. Sur Exigent cap. 59. In Briefe de Wast cap. 79. In Briefe de Mesne cap. 66. Retorne de Pone de Remouer Plee Pone Plegij de Prosequendo Ioh. Doo Rich. Roo Infranom ' I.S. attachiatus est per Plegios N.F. R.D. Or the partie may bee attached by his goods and then thus Infranom ' I.S. attachiatus est per vnum equum pretij xx s Infranom ' I.S. nihil habet in balliua mea per quod attachiari potest Nihil And note that the Pone is but a Summons scz a command to the Sherife to summon or prefixe a day to the parties Plaintife and Defendant that they appeare in Banco c. If it be in a writ of Right see what the Sherife must returne hic cap. 56. And if it be in a Repleuin the Sherife must returne the Plaint or Plea c. out of the Countie Court into the Common Banke and must returne the same vnder the seales of foure Suitors of that Court as followeth Virtute istius Breuis mihi directi posui coram Iustic ' Domini Regis de Banco apud Westmonaster ' Loquelam quae est in Com' meo per breue dicti domini Regis inter T.W. H. B. de auerijs ipsius T.W. capt ' iniustè detentis vt dicit ' prout patet in quadam schedul huic breui annex ' Or thus Virtute istius breuis in forma infrascr ' posui loquelam infrascr ' ad diem
Collection thereof ibidem Commorans in alio Comitat ' Infranom ' I.L. est Vic' Com. E. Et est commorans in dicto Comitatu E Et non est inuentus in Balliua mea De vendition ' exponas Baron ' infrascr ' certifico Quod illa centum Oues in hoc breue specific ' vendition ' exponere non potui eo quod adhuc remanet in manus infranom ' E.L. nuper Vic' Com' Cantabr ' nunquam mihi praefat ' nunc Vic ' adhuc per praefatum nuper Vic' deliber ' fuer ' A.B. Armig ' Vic ' Aliter Virtute istius breuis mihi directi de die in diem vendit ' exposui illa bona catalla ad valenc ' C.s. residuum de 8. li. quae nuper de bonis catallis terris tenement ' I.S. infranom ' cepi inde vendidi ad valenc ' 40 s Quos quidem 40 s ad dieÌ„ locum infracont ' parat ' habeo ad reddend ' c. prout interius mihi praecipitur Et residuum bonor ' catallor ' praed ' adhuc penes me remanent inuendit ' pro defectu emptorum CHAP. 84. The Sherifes Returne vpon a precept from Iustices of Peace to Enquire of a Riot or Forcible entrie c. VIrtute istius Praecepti mihi directi venire feci coram Iustic infrascriptis ad diem locum infracont 24. probos sufficientes legales homines de balliua mea prout interius mihi praecipitur Residuum executionis istius praecepti patet in quadam schedula huic warranto annex ' A.B. Armig ' Vic' Cantabr Nomina Iurator ' ad inquirend ' pro Domino Rege de quibusdam ill citis aggregationibus riottis Schedula c. apud Abb ' magna commissis Summon ' ad essend coram Iustic ' Domini Regis apud Linton in Comit ' praed ' tali die anno secund ' exigenc ' cuiusdam warranti huic schedulae annex ' And then vnderneath write downe the names of the twentie foure thus Et sic de caeteris ad uumerum 24. T.B. de Lynton R.B. de eadem I.P. de H. Quilibet Iurator ' praedict ' separatim per se attachiatus est per pleg ' Ioh. Doo Rich. Roo Exitus eorum cuiuslibet xx s A.B. Arm ' Vic' CHAP. 85. Returne of Iuries IVries are of two sorts scz for Enquiry or Triall For Enquiry For Inquirie the Sherife vpon the precept of the Iustices is to summon and to returne the grand Iuries to the Assises or Gaole deliuery and to the Quarter Sessions c. Hic ca. 46 47. Hee is likewise to summon and returne Iuries for Enquiry before the Iustices of peace at their priuate Sessions hic cap. 84. as also before other commissioners before Escheators Coroners and Clerks of the Markets vpon their seuerall Precepts directed to him for that purpose Hic Cap. 83. 100. Iuries for triall For Triall betweene party and partie the Sherife likewise vpon the Kings writ is to summon them and to returne the pannell of their names at the day and place in the Writ limited together with the Writ And for these Iuries for tryalls the Sherife ought to make their Pannels so as that the parties may haue Coppies thereof before their triall And these coppies of Pannells shal be indented and deliuered to the parties vpon demand before the sitting of the Iustices Baylifes of Liberties must returne to the Sherife the names of persons by them impannelled eight dayes before the Assises c. The Sherife is to summon warne or distreme all such persons as he mindeth to returne vpon any Iury either for enquiry or triall And if the Sherife shall returne any Iuror not lawfully summoned c. the Sherife is punishable So if the Sherife shall summon c. any Iuror and shall not returne him he is punishable None are to be put vpon any Iury but such onely as were summoned to the same at the first And yet Pannells returned before Iustices of Gaole deliuery or before Iustices of Peace in their open Sessions for Enquiry may be reformed by the Iustices And the Sherife ought to returne the Pannels so reformed And so of Pannels for tryall vpon a Tales de Circumstantibus granted by the Iustices c. Also Iurors aswell for Enquiry as fortriall shall be returned by the Sherife without any denomination of any person whatsoeuer other then the Sherifs sworne Officers c. And the High Sherife by his oath must make the Pannels himselfe Now what manner of persons Iurors for Tryalls shall be 1 First they must bee Probi Legales homines Probi scz such as are not discredited or disabled in their credits in law by attainder in conspiracie in atteynt Decies tantum periurie subornation of periury concealement or such like Legales scz such as are not vtlawed abiured condemned in a Praemunire or atteynted of treason or felony 2 They must be such as are neighbors sufficient not suspected nor labored 3. They must also be Liberi scz Freeholders Except where an Alien is a party there the one halfe of the Enquest shall be of Aliens though they haue no land or in some few other cases But the Sherife ought not to returne vpon any Iury any Baron of the Parliament Nor any of the Clergy though they haue Lay fee. Nor tenants in ancient Demesne except they haue other lands Nor Officers of the Forrest Nor any of the Coroners of the Countie Nor any of the Officers or seruants belonging to any Sherife Vndersherife Coroner Steward of Franchise or Gaoler Nor any person being aboue the age of lxx Nor any person decrepit Nor any persons diseased at the time of their Summons Nor any Enfant vnder the age of xxj Nor any person dwelling out of the County Nor any person hauing a Charter of Exemption if he shall shew the same to the Sherife Nor any Alien except where an Alien is party to the suite Nor any person which is of kindred to either partie Plaintife or defendant Nor he which is a seruant or hath a yearely fee of either party Nor he which is within the distresse of eithâ—â— party Nor he which maintaineth either party in the same suite Where a Peere of the Realme is party to the action there must bee two Knights at the least returned of the Iury. Also vpon triall of any issue the Sherife must returne in euery Pannell vpon the venire fac ' Sixe Hundredors scz Sixe sufficient persons of the Hundred where the land in controuersie lyeth or where the fact is supposed to be done The Sherife shall returne no Iuror without a true Addition Addition of his dwelling place or some other Addition by which he may be knowne And baylifes of Liberties shall deliuer vnto the Sherife vnder their hands the names of all such persons within their Liberty as are meete to be Iurors with the true addition of their dwelling place
and the Sherife must returne it accordingly Iurors for Enquiry ought also to be Probi Legales CHAP. 86. Iurors their number VPon euery Venire facias for the impannelling of a Iury the Sherife must returne 24. neither more nor lesse In a Writ of Attaint the Iury called the Grand Iury must be 24. And the Sherife must returne but so many Hic cap. 51. And in all other actions trialls or enquiries the Sherife vpon any Writ or precept directed to him for returning of a Iury hee is to impannell and returne xxiiij The Iury in a Writ of Right called the Grand Assise must be of foure Knights or of others in default of Knights summoned and returned by the Sherife which 4. Knights c. are to chuse a Iury of xij vnto them and so in all here must be xvj all which are to be summoned by the Sherife vpon a writ to him directed and their names to be returned At euery Gaole deliuery and Sessions of the Peace the Sherif is to return 24. Iurors for enquiry out of euery Hundred besides 24. for the body of the County hic cap. 46. 47. Vpon a Precept to the Sherife from Iustices of Peace out of their Sessions to return before them a Iury to inquire of any riot or forcible Entrie the Sherife must returne 24. But vpon issue ioyned vpon prescription of Common in a great wast lying in two Counties and a triall awarded de Vtroque Comitatu if in each Pannell twelue onely be returned it seemeâ—h to be good Iuries for enquirie in the Sherifes Turne shall be of twelue at the least And so in all Enquiries made or Inquisition takeÌ„ by the Sherife Escheator or other commissioner the same ought to be by 12. Iurors at the least And so of Trialls in the Countie Court by a Iusticies the same ought to be by twelue men Note that where seueral Indictments are preferred against diuers seueral prisoners the Sherife may returne one and the same Iurie two or three seuerall times to trie those prisoners so as the euidence against all the prisoners be deliuered all at one time No Sherife or other Officer shal take any reward or promise of reward for sparing not warning or not returning of any Iuror for triall of any issue sub poena 5. li. The Sherife is to adde and annex to his Pannell the names of such persons as shall bee impannelled vpon the Tales Note that there may be many Tales one after another till the Iurie be full as a Decem Tales Octo Tales c. Sex Tales c. But euery Tales must bee of a lesse number than the former And euery Tales must bee of fewer than the principall Pannell except in Indictments and Appeales that touch life And euery Tales must be of an euen number And they must bee others of the same sort that the principall Pannell were of Although the writ be Venire facias xij liberos legales homines yet if the Sherife shall returne the names of twelue onely he shall be amerced And if hee shall returne twenty three and twelue of them shall appeare and giue their verdict yet it is erronious CHAP. 87. The sufficiencie of Iurors BY a statute made 21. Ed. 1. and yet in force euery Iuror for triall of any matter within the county must haue in freehold per annum 40. s. Euery Iuror for triall of any matter out of their County must haue in freehold per annum at least v.li. Now it is to be obserued that forty s. in those dayes doth make at this present at the least six pounds of our money and therefore for the returning of more sufficient Iurors for trials by later Statutes it is now enacted that where formerly they ought to haue forty shillings per annum Now the Venire facias shall haue this clause Quorum quilibet habeat 4. li. per annuÌ„ ad minus And vpon such a Venire facias the Sherife shall returne no person vnlesse hee may spend 4. li. per annum of Freehold within the county and out of Antient Demesne And where that clause is left out of the Venire facias scz quorum quilibet habeat 4. li. there the Sherife may return such as haue any Freehold within the Countie where the Issue is to be tried But these last Statutes extends not to any Iurors to be returned in any citie or towne corporate or in Wales Againe no person shall passe in any Enquest touching life nor in any plea reall or personall whereof the debt or dammages declared amounts to fortie Markes except such person haue fortie shillings in land per annum so that they be challenged for that cause c. But where any Alien is a partie one half of the Enquest shall bee Aliens though they haue not 40 s per annum In writs of Attaint the Sherife is to returne vpon the graund Iurie more sufficient men scz if it be in plea of lands or for deeds concerning Lands of forty shillings per annum or in any Action personall of fortie pounds or more euerie of the grand Iurie must haue in freehold lands per annum twentie markes at the least See hic cap. 51. Euery Iuror returned before Iustices of Peace to enquire of any forcible Entrie c. must haue 40 s freehold ê‘ annum Euery Iuror returned before Iustices of Peace to enquire of any Riot c. must haue xx s free-hold ê‘ annum or in Copihold xxvj s viij d. per annum Vpon a Commission to enquire of the default of Iustices of Peace and Sherifes in not executing the Statutes made for suppressing of Riots such Iurors onely shall be returned as haue xx pounds ê‘ annum at the least Euery Iuror returned before Iustices of Peace to enquire of concealements of other Enquests must haue 40 s per annum Euery Iuror returned before Escheators or Commissioners to enquire of any lands must haue 40 s freehold ê‘ annum Euery Iuror impannelled in the Sherifes Turne must haue xx s. freehold ê‘ annum or in Copihold xxvj s. viij d For the sufficiencie of Iurors in Lancashiere Wales London and corporate townes See the Statutes Note that Tenant for life yeelding a rent with a clause of Reentry for Non payment is no sufficient freeholder to be sworne of a Iury his estate being so defeasible A Lease is made to B. for yeares the Remainder to C. in fee here C. may passe vpon a Iury for this freehold B. maketh a Lease for x. yeares absque aliquo reddendo here B. is a sufficient freeholder to passe vpon a Iury for his freehold remaining Plus hic cap. 92. Note that it is needfull for the Sherife to haue a booke conteining the names of all the Freeholders within his County and their sufficiencies that so he may not onely make the Pannells according to his oath but may also know their sufficiencie to be sureties or Pledges c. for others And besides if they returne any Iuror in
issues which is not sufficient the Sherife may be inforced to pay their issues for them CHAP. 89. Returne of issues vpon the defendant or tenant THe Sherife stands bound by his oath to set and to returne reasonable and due issues vpon all such as be within his County scz vpon the tenants or defendants which haue such lands or goods after their estate to the end they may the rather appeare And the tenant or defendant making default of appearance after the first attachment returned scz vpon the Distringas shall loose and forfeit issues to the King If the Sherife shal set and return too small issues vpon the tenant or defendant he is punishable When the tenant or defendant is distreined for such issues it seemeth that the Sherife ought to deliuer them to the Mainpernors or Manucaptors and if the party maketh default at his day the Sherife shall answer for those issues in the Exchequer by the Estreates therof made and the Mainpernors shall be answerable therefore to the Sherife Vnder the name of Issues are contained The profits of the lands Quid. and the goods of the party 1 The profits of the lands scz his rents and corne growing But yet for rent the Sherife needeth not to returne that for issues except they be then due And for corne growing the Sherife must be warie in returning them for issues for that they may be lost or spoiled before they be carried 2 Goods scz Corne in the barne and all moouables except apparrell houshold-stuffe horses and their harnesse And by the Stat. the Sherife ought to returne in issues vpon euery defendant or tenant Quantum so much as may arise of the profits of their lands within that County from the day of the Teste of the writ vntill the day of the returne thereof and the value of his goods except vt supra But it seemeth that this Law is not now much in vse whereby as Master Fitzh sayth great inconuenience ariseth besides it is a breach of the Sherifes oath Otherwise at this day the Sherife neede to returne but reasonable issues But be they neuer so great they be forfeit vpon his default and the party hath no remedy and the Sherif shall be chargeable therewith being estreated See hic cap. 11. Note that with these issues the land is chargeable into whose hands soeuer it come after See hic cap. 11. CHAP. 90. What Issues the Sherife must returne vpon Iurors BY the Common Law the Sherife was to returnâ— no Issues vpon a Venire fac ' Iurator ' Hic cap. 78. Neither was it vsed to returne any great Issues vpon the Habeas corpor ' or Distring ' Iurator ' But for the more expedition of Iustice and more speedy triall of issues by Iurors and in some cases of Enquiry there haue beene diuers statutes made as followeth 1 Vpon euery first writ of Habeas corpora or Distring Iurat ' c. to trie any issue the Sherife shall returne in issues vpon euery person impannelled and returned x. s. at the least And vpon the second writ xx s. And vpon the third writ xxx s. c. Sub poena V. li. 2 In actions of Attaint the sherife shall returne in issues vpon euery Iuror at the first Distring forty shillings at the least at the second Distring fiue pounds And the double vpon euery other Distresse Sub poena xx li. 3 Vpon euery precept from Iustices of peace to enquire of a forcible Entrie or Riot c. the sherife shall returne vpon euery Iuror in issues at the first precept or day twenty shillings And at the second day forty shillings And in cases of a Forcible Entry or Deteiner at the third day C. s. and at euery day after double Sub poena xx li. 4 Vpon a Commission to enquire of the defaults of Iustices of peace and Sherifes in not executing the Statutes made for the suppressing of Riots there shall bee returned in issues vpon euery Iuror at the first day twentie s. at the second day fortie shillings at the third day C. s. and at euery day after the double Sub poena 40. li. 5 Vpon an Information vpon the Statute of Liueries the sherife shall returne in issues at the first day twentie shillings At the second day thirty shillings At the third day forty shillings and at euerie day after for euerie time to encrease them ten shillings What issues shall be returned vpon Iurors in London see the Statutes 11. H. 7. 21. 4. H. 8. 3. 5. H. 8. cap. 5. What issues shall be returned vpon Iurors in Wales or in other Cities or Corporate Townes See 27. El. ca. 6. If the Sherife shall returne any Iuror in issues which is not sufficient or hath no land the Sherife shall pay those issues himselfe If the Sherife shall returne any issues vpon any Iuror which was not lawfully summoned or distreyned the Sherife shall forfeit double so much as the said issues returned Plus hic cap. 11. No Sherife shall leuie any issues other than such as are estreated to him vnder the seale of the Exchequer See hic cap. 13. 125. And these Estreats shall expresse the cause of the losse or forfeiture the tearme yeare nature of the Writ or Action and betwixt what parties the Issues fines and amerciaments be lost and the Sherife in his warrants to his Bailifes must also expresse the cause of the forfeiture No estreat of Issues against any Iuror shall be deliuered receiued or put in vre without such addition as is put in the originall Pannell and no Sherife c. shall collect any issues so estreated but of the right party chargeable by the Estreat And note that all the Kings courts Iustices Commissioners and others shall deliuer into the Exchequer at Michaelmasse yearely their estreats of fines and amerciaments assessed or taxed before them and of all issues c. and from thence they shall make Processe against the parties to answer and satisfie the same Note also that these issues returned vpon the Tenant or Defendant and vpon Iurors and lost by them in respect of Non appearance and estreated as aforesaid shall be leuied by the Sherife as forfeit to the King CHAP. 91. ALl the lands which the Iuror had at the time of the Vinire facias serued vpon him shall be liable to his issues c. If the land which the Iuror had be recouered from him or that hee had the same land but for another mans life who is dead then the Sherife must returne this speciall matter Et sic nihil habet otherwise the Sherife cannot returne Nihil where Issues were returned by him before nor vpon the Distringas Iuratores Hic cap. 78. Plus hic cap. 11. that the Issues may be leuied vpon the heire successor purchasor wife Fermour c. CHAP. 92. The chusing and returning of Knights c. for the Parliament AFter the Sherife hath receiued the Writ for Summons of the Parliament and
of these Knights and Burgesses hee shall forfeit to the King an hundred pounds and to the partie not duely returned C. l. and haue one yeres imprisonment These Citisens and Burgesses of cities and Burroughs ought to bee chosen of persons dwelling and free in the same Cities and Burroughs and none other in any wise Tamen aliter in vsu Also the Sherife after he hath receiued a Writ for the leuying of the expences of these Knights at their next Countie Court are to make Proclamation That all Coroners chiefe Constables Baylifes and others which will be present at the next Countie Court after to ass sse the fees or wages of the Knights c. At this assessement the Sherife or Vndersherife ought to bee in person with the Coroners and Constables to assesse the wages And the Sherife in the presence of them that come in the full Countie shall assesse euerie Hundred to a certain summe by it selfe so that the whole summe of all the Hundreds do not exceed the summe due c. Also the Sherâ—fe c. shall then also assesse euery village c. to a certaine summe so that the summe of the townes exceed not the summe assessed vpon the Hundred of which they bee sub poena thirtie pounds Euerie Knight of the shire is to haue thirteene shillings foure pence by the day to be paid by the Countie If any Sherife shall leuie more than shall be due or shall not speedily leuy so much as shal be due or shal not deliuer the same to the Knights according to the said Writ he shal forfeit xxx.l. c. The Sherife may distreyne for the moneys so assessed and he may distrein the whole Heard of Cattell of the Towne or the goods of any particuler man of the town for these Monies Also the sherife my sell the distresses so taken Note that the Sherife shall assesse no Village or place hereunto but such as antiently haue beene chargeable Also the freeholders tenaÌ„ts of such Lords c. as come to the Parliament are not to be assessed for their laÌ„ds holdeÌ„ of such Lords except by prescriptioÌ„ Also Burrough townes which send Burgesses to the Parliament shall not pay or contribute to these wages except it be by Prescription Lords and Tenants in Antient Demesne shall be acquited of payments to these expences for such their land c. Also Copiehold lands are not chargeable to these expences CHAP. 93. The Sherifes duty in executing the writ of Redisseisin Redisseisin VPon this writ the Sherife is first to summon the disseisor and the ter-ter-tenant to bee before him at such time when he makes this his Inquisition But the summoning of the ter-tenant seemeth onely to bee for him to giue in euidence The Sherif in this businesse is made a Iudge and therefore he must in person goe vnto the lands or tenements wherof the plaint is made to see them yea though it be within a Liberty He must sit and make his Enquiry in proper person and vpon the land c. Or at least he must cause the Iury to goe see the lands c. And then to hold plea of the matter He must haue the assistance of 2. Coroners at the least to sit with him at the taking of the Inquisition And these Coroners should ioyne with the Sherife in making vp of the Record But the Sherife is only Iudge herein The Sherife at his Inquisition must also haue with him certaine Knights or other lawfull men being neighbors dwelling neere vnto the lands c. And before them and the Coroners the Sherife must make his Inquisition by a Iury. And the Enquiry must be whether the tenant be Redisseised or no and not whether he were Disseised This Enquiry must bee made by two of the first Iurors at the least by so many other neighbours as shall make vp a full Iury. Although all the first Iurors bee lyuing yet the Sherife must take two at the least other new Iurors to bee of this Enquiry Also the first Iurours which must serue vpon this Enquiry must bee of such as did passe vpon the principall action and not such as passed vpon the Enquiry for damages The Sherife may not suffer the partie to haue his challenge to any of the first Iurors But he may haue his challenge to the other Iurors but not to the Array The Sherife herein hath no power to try any Plea out of the point of Redisseisin Nor to suffer or accept of any forreine plea Neither shall he suffer the disseisour to plead any feoffement or release Nor that he hath paid a fine c. If vpon this Enquiry it bee found that the plaintife is redisseised or disseised againe then the Sherife must presently commit such disseisor to prison there to remaine without baile vntill he shall pay a fine to the King And further vntill he shall be discharged of his imprisonment by the judgement of the Kings court and by a speciall writ reciting that hee hath payd his fine to the King c. The Sherife shall receiue no Attorney for either party without the kings writ whether the Lord hath Cognusance in an assise c. yet the sherife shal enter the Franchise and make execution of this Writ but the Sherife shall there write his precept to the baylife of the Franchise to returne the Iury. Vpon the Redisseisin found by the Inquisition the Sherife also must make a record thereof and make returne thereof And in this Record and Returne the Sherife must shew or returne that he hath made his Inquisition c. in the presence of such Coroners c. by so many of the first Iurors and by others c. He must also return Quod accessit ad locuÌ„ or Tent ' a infrascipt ' not accessit ad villam but he may returne Quod apud S. being the towne where the land lyeth fecit Inquisitionem c. And this Inquisition must be returned vnder the Seales of the Sherife and of the Iurors but the seales of the Coroners seemes not to be needfull CHAP. 94. Where the sherife may breake open an house to execute the Kings Writ c. 1. VVHeresoeuer the King is a party or hath any interest in the businesse as for the apprehending of any person for Treason felonie or suspition of felony the Officer may breake open the doores So where one hath dangerously hurt another and then flyeth into an house but here fresh suite must bee made quaere So where an affray is made in an house and the doores shut So vpon a warrant for the peace or good behauiour So vpon a warrant for Iustices of Peace to reseise a house and restore the pâ—rty put out where a forcible Entrie or deteyner was found by Inquisition before the said Iustices So vpon Proces for the apprehending of any Popish Recusant being excommunicated See plus my Country Iustice cap. 78. So vpon a Capias vtlagatum So vpon a Capias pro fine And